This is the one owners fear most, and in a condo, the statute doesn't sugarcoat it: 765 ILCS 605/9(g)(1) gives the association a lien on your unit for unpaid common expenses and any unpaid fine, plus interest, late charges, reasonable attorney's fees, and collection costs. That lien outranks almost everything else recorded against your unit, subject only to tax liens and certain encumbrances recorded before you fell behind, and 765 ILCS 605/9(h) lets the association foreclose it "in the same manner as a mortgage of real property," brought in the board's own name. None of that happens instantly or without process, but it is real, and your mortgage being current doesn't stop it.
What actually gets wiped out, and what doesn't
Section 9 also controls what happens after a sale. Under 765 ILCS 605/9(g)(3), whoever buys the unit at the foreclosure sale, or a lender who takes it back by deed in lieu, has to start paying the unit's share of common expenses from the first of the month after the sale or deed, and that payment confirms the old lien is extinguished once the court confirms the sale. Under 765 ILCS 605/9(g)(4), a buyer other than the lender only owes the prior owner's unpaid assessments going back six months, not the whole unpaid history, so a stale, padded balance isn't automatically the new owner's problem. And 765 ILCS 605/22.1(a)(2) is your early-warning system: if you're buying or selling a unit, the board has to hand over a written statement of any liens and the exact unpaid-assessment balance, so a lien doesn't surprise you for the first time in a foreclosure notice.
If you're in an HOA, not a condo
The same basic idea applies, unpaid assessments become a debt the association can pursue, but CICAA's board-powers sections don't spell out a standalone statutory lien-and-foreclosure mechanism the way Section 9 does for condos. Your specific lien rights as an HOA owner live mostly in your declaration and the assessment terms it sets, so pull that document before assuming the condo numbers above apply to you word for word.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
765 ILCS 605/9(g)(1)
Creates the condo association's lien for unpaid common expenses and any unpaid fine, ranking ahead of nearly everything except tax liens and certain earlier-recorded encumbrances.
765 ILCS 605/9(h)
Lets the association foreclose that lien "in the same manner as a mortgage of real property," in an action brought in the board's own name.
765 ILCS 605/9(g)(3)-(4)
Sets what a foreclosure-sale purchaser must start paying and confirms the old lien is extinguished on confirmation; limits a non-lender buyer's exposure for the prior owner's unpaid assessments to the preceding six months.
765 ILCS 605/22.1(a)(2)
Requires the board to disclose, in writing on resale, any liens and the exact unpaid-assessment balance on a unit.
Step by step
How to respond to an Illinois assessment lien or foreclosure notice
Steps for a condo or HOA owner who's received a lien notice, or is heading toward foreclosure, over unpaid assessments in Illinois.
- 01
Get the itemized ledger
Request a full written accounting that separates assessments, unpaid fines, late fees, interest, and attorney's fees under 765 ILCS 605/9(g)(1). Foreclosure attaches to what the lien actually secures, not to every dollar the board says you owe.
- 02
Confirm the lien's priority and recording
Check that the lien was properly recorded and secures only the amounts 765 ILCS 605/9(g)(1) allows; a lien padded with charges the section doesn't cover is worth challenging.
- 03
Ask about a payment plan before it's filed
Many boards will take an installment plan rather than pay for a foreclosure action. Get any deal in writing and confirm it pauses the timeline.
- 04
If you're an HOA owner, pull your declaration
CICAA doesn't spell out a standalone lien-and-foreclosure statute here, so your actual lien terms live in your declaration and its assessment provisions.
- 05
Get counsel before the deadline runs
Foreclosure of your home is not the place to self-help to the finish line. Talk to a licensed Illinois attorney while the notice period is still open.
Straight answers
Common questions
Can an Illinois condo association foreclose on my unit over unpaid assessments?
Yes. 765 ILCS 605/9(g)(1) gives the association a lien for unpaid common expenses and any unpaid fine, and 765 ILCS 605/9(h) lets that lien be foreclosed in the same manner as a mortgage, in the board's own name.
Does an unpaid fine really become part of the lien, not just the unpaid dues?
For condos, yes. 765 ILCS 605/9(g)(1) explicitly lists "the amount of any unpaid fine" alongside unpaid common expenses, interest, and collection costs as part of what the lien secures.
If my unit is sold at foreclosure, do I still owe the old balance?
Generally the buyer takes it on instead: 765 ILCS 605/9(g)(3) has the purchaser paying common expenses starting the month after the sale and confirms the old lien is extinguished once the sale is confirmed. A buyer other than the lender only picks up the prior owner's unpaid assessments for the preceding six months under 765 ILCS 605/9(g)(4).
I'm in an HOA, not a condo, does 765 ILCS 605/9 apply to me?
Not directly. That section is part of the Condominium Property Act. CICAA's board-powers provisions don't include a parallel standalone lien statute in the same detail, so your HOA's actual lien and collection terms live mainly in your declaration.