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Can a Unit Owner Delinquent in Assessments Run for the Condominium Board

Written by Kreisler-Law-PC on . Posted in condominium attorney, condominium law, delinquent unit owner, Illinois Condominium Property Act, non-payment of assessments, ownership interest, unit owners

The Illinois Condominium Property Act provides for only a single qualification for running for or serving on the Board of an Illinois condominium association. That qualification is that the board member or candidate have an ownership interest in a unit. While a delinquent unit owner may be evicted from possession of his or her unit for non-payment of assessments, he or she may still technically remain on the Board of the Association.

In fact, the only disqualification associated with assessment delinquency is found at section 18(b)(1) of the Condominium Act, where a delinquent unit owner may not be counted for purposes of determining if a quorum is present in connection with voting for an amendment to the association’s by laws. However, even in that situation, the delinquent unit owner may still have his or her vote counted in the vote regarding the amendment.

Feel free to contact a Kreisler Law condominium attorney, if you have any questions regarding the rights and responsibilities of delinquent Illinois condominium association unit owners, regarding collection of delinquent condominium assessments or if you need assistance or advice regarding other areas of condominium law.

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