Hometown Condominium Association No. 2 v. Mohammed

Illinois Appellate Court
Civil Court
Condominium Property Act
Citation
Case Number: 
2018 IL App (2d) 171030
Decision Date: 
Thursday, November 29, 2018
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
BURKE

Condominium Association (HOA) created a lien against a unit, based on owners' failure to pay assessments and late fees for several years. Defendant purchased that unit at a sheriff's sale after foreclosure but did not pay his assessments either. HOA then filed complaint for forcible entry and detainer and breach of contract. Defendant's partial payment of 1 month of postforeclosure assessments, made 17 months after confirmation of sale, did not extinguish the lien. A foreclosure purchaser must pay the postforeclosure sale assessments to confirm extinguishment of the lien, which Defendant failed to do. (HUDSON and BIRKETT, concurring.)