Just like referees on a football field must enforce penalties with fairness and consistency, HOA and condo board members are legally required to apply collections policies objectively—without bias or personal discretion. Every association’s governing documents, along with Illinois state law, establish clear rules for handling assessment delinquencies. These rules exist to ensure every unit owner pays their fair share, and boards must uniformly enforce them, even if the delinquent owner is a board member or has a compelling backstory. Creating a well-documented collections policy that includes clear steps, timelines, costs, and procedures is not only best practice—it’s a fiduciary duty.
Boards should collaborate with professional management and legal counsel to tailor their policies, especially to account for variables like foreclosures, bankruptcies, or leasebacks through Orders of Possession. Timely communication and consistency are critical—both in maintaining financial stability and in protecting the integrity of the community. When boards hesitate or make exceptions, they risk undermining trust and violating their legal responsibilities. Just like throwing a yellow flag during a game, responding promptly and uniformly to assessment delinquencies is a necessary part of keeping the community running fairly and smoothly.
Read the whole article in our Fall 2025 edition of the Common Interest Magazine and find more editions of the Common Interest Magazine by clicking on the link below.
By David Bloomberg, Esquire
Chuhak & Tecson PC
CAI - Illinois Chapter
The Illinois Chapter of Community Associations Institute serves the educational, business, and networking needs of community associations in the Chicagoland Area. Members include condominium, cooperative, and homeowner...
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