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Illinois Compiled Statutes

735 ILCS 5/9-111 (2026)

Condominium property

✓ current as of May 2026
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(735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
    Sec. 9-111. Condominium property.
    (a) As to property subject to the provisions of the "Condominium Property Act", approved June 20, 1963, as amended, when the action is based upon the failure of an owner of a unit therein to pay when due his or her proportionate share of the common expenses of the property, or of any other expenses lawfully agreed upon or the amount of any unpaid fine, and if the court finds that the expenses or fines are due to the plaintiff, the plaintiff shall be entitled to the possession of the whole of the premises claimed, and the court shall enter an eviction order in favor of the plaintiff and judgment for the amount found due by the court including interest and late charges, if any, together with reasonable attorney's fees, if any, and for the plaintiff's costs. The awarding of reasonable attorney's fees shall be pursuant to the standards set forth in subsection (b) of this Section 9-111. The court shall, by order, stay the enforcement of the eviction order for a period of not less than 60 days from the date of the judgment and may stay the enforcement of the order for a period not to exceed 180 days from such date. Any judgment for money or any rent assignment under subsection (b) of Section 9-104.2 is not subject to this stay. The eviction order is not subject to an exemption of homestead under Part 9 of Article XII of this Code. If at any time, either during or after the period of stay, the defendant pays such expenses found due by the court, and costs, and reasonable attorney's fees as fixed by the court, and the defendant is not in arrears on his or her share of the common expenses for the period subsequent to that covered by the order, the defendant may file a motion to vacate the order in the court in which the order was entered, and, if the court, upon the hearing of such motion, is satisfied that the default in payment of the proportionate share of expenses has been cured, and if the court finds that the premises are not presently let by the board of managers as provided in Section 9-111.1 of this Act, the order shall be vacated. If the premises are being let by the board of managers as provided in Section 9-111.1 of this Act, when any order is sought to be vacated, the court shall vacate the order effective concurrent with the expiration of the lease term. Unless defendant files such motion to vacate in the court or the order is otherwise stayed, enforcement of the order may proceed immediately upon the expiration of the period of stay and all rights of the defendant to possession of his or her unit shall cease and determine until the date that the order may thereafter be vacated in accordance with the foregoing provisions, and notwithstanding payment of the amount of any money judgment if the unit owner or occupant is in arrears for the period after the date of entry of the order as provided in this Section. Nothing herein contained shall be construed as affecting the right of the board of managers, or its agents, to any lawful remedy or relief other than that provided by Part 1 of this Article.
    This amendatory Act of the 92nd General Assembly is intended as a clarification of existing law and not as a new enactment.
    (b) For purposes of determining reasonable attorney's fees under subsection (a), the court shall consider:
        (i) the time expended by the attorney;
        (ii) the reasonableness of the hourly rate for the
    
work performed;
        (iii) the reasonableness of the amount of time
    
expended for the work performed; and
        (iv) the amount in controversy and the nature of the
    
action.
(Source: P.A. 100-173, eff. 1-1-18.)

    
Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 2010–2025 · leading case: People v. Stewart, 2022 IL 126116, 215 N.E.3d 752.
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People v. Stewart, 2022 IL 126116, 215 N.E.3d 752. “”); 735 ILCS 5/9-111 (West 2002) (same). ¶ 49 Here, the amendment of section 5-4.”
In re Morrow, 495 B.R. 378 (Bankr. N.D. Ill. 2013). · cites it 3× “00 (the “Judgment ”) and an order for possession per 735 ILCS 5/9-111 (the “Order for Possession ”).”
Spanish Court Two Condo. Ass'n v. Carlson, 2012 IL App (2d) 110473, 979 N.E.2d 891. · cites it 3× “1 OPINION ¶1 Plaintiff, Spanish Court Two Condominium Association, brought an action against defendant, Lisa Carlson, under the Forcible Entry and Detainer Act (the Forcible Entry Act) (735 ILCS 5/9-111 (West 2010)), seeking possession of her condominium unit and an award of…”
Sherwood Commons Townhome Owners Ass'n v. DuBois, 2020 IL App (3d) 180561, 148 N.E.3d 900. “” 735 ILCS 5/9-111(a) (West 2018). Therefore, the plaintiff must prove (1) common expenses or “other expenses lawfully agreed upon” were owed, (2) the owner failed to pay, and (3) the amount owed.”
North Spaulding Condo. Assoc v. Cavanaugh, 2017 IL App (1st) 160870, 76 N.E.3d 770. · cites it 2× “735 ILCS 5/9-111(a) (West 2014). Again, the recoverable fees are not expressly limited to those incurred prosecuting the forcible action, but includes fees incurred by an association based on a unit owner’s failure to pay.”
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342, 12 N.E.3d 1. · cites it 3× “Yet, sections 9-106 and 9-111 of the statute permit a claim for rent (735 ILCS 5/9-106 (West 2008)) as well as a claim for unpaid assessments (735 ILCS 5/9-111 (West 2008)) to be included in the action.”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342. · cites it 3× “Yet, sections 9-106 and 9-111 of the statute permit a claim for rent (735 ILCS 5/9-106 (West 2008)) as well as a claim for unpaid assessments (735 ILCS 5/9-111 (West 2008)) to be included in the action.”
State Place Condo. Ass'n v. Magpayo, 2016 IL App (1st) 140426, 53 N.E.3d 288. · cites it 5× “735 ILCS 5/9-111 (West 2012). Section 9-111 of the forcible statute allows a defendant to pay expenses found due by the court and after the court is satisfied that the expenses have been paid, and the premises is not let, the judgment for possession shall be vacated.”
Bd. of Managers of the Inverrary Condo. Ass'n v. Karaganis, 2017 IL App (2d) 160271. · cites it 4× “See 735 ILCS 5/9-111(a) (West 2014) (when a condominium owner fails to pay his or her proportionate share of the common expenses and the court finds that such expenses are due, the plaintiff is entitled to possession of the premises and to a judgment for the amount due,…”
North Spaulding Condo. Assoc v. Cavanaugh, 2017 IL App (1st) 160870, 76 N.E.3d 770. · cites it 3× “” 735 ILCS 5/9-111(a) (West 2014). Section 9-111(b) requires the trial court, when determining reasonable attorney’s fees, to consider: “(i) the time expended by the attorney; (ii) the reasonableness of the hourly rate for the work performed; (iii) the reasonableness of the…”
Bd. of Managers of the Inverrary Condo. Ass'n v. Karaganis, 2017 IL App (2d) 160271, 80 N.E.3d 48. · cites it 6× “See 735 ILCS 5/9-111(a) (West 2014) (when a condominium owner fails to pay his or her proportionate share of the common expenses and the court finds that such expenses are due, the plaintiff is entitled to possession of the premises and to a judgment for the amount due,…”
100 Roberts Road Bus. Condo. Ass'n v. Khalaf, 2013 IL App (1st) 120461, 996 N.E.2d 263. “” 735 ILCS 5/9-111(a) (West 2008). ¶ 23 In this case, there is no dispute that plaintiff properly brought this action seeking payment for unpaid assessments under the Forcible Entry and Detainer Act.”
Show all 22 citing cases →
735 ILCS 5/9-111(a): 17 cases
Spanish Court Two Condo. Ass'n v. Carlson, 2012 IL App (2d) 110473, 979 N.E.2d 891. “1 OPINION ¶1 Plaintiff, Spanish Court Two Condominium Association, brought an action against defendant, Lisa Carlson, under the Forcible Entry and Detainer Act (the Forcible Entry Act) (735 ILCS 5/9-111 (West 2010)), seeking possession of her condominium unit and an award of…”
Sherwood Commons Townhome Owners Ass'n v. DuBois, 2020 IL App (3d) 180561, 148 N.E.3d 900. “” 735 ILCS 5/9-111(a) (West 2018). Therefore, the plaintiff must prove (1) common expenses or “other expenses lawfully agreed upon” were owed, (2) the owner failed to pay, and (3) the amount owed.”
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342, 12 N.E.3d 1. “Yet, sections 9-106 and 9-111 of the statute permit a claim for rent (735 ILCS 5/9-106 (West 2008)) as well as a claim for unpaid assessments (735 ILCS 5/9-111 (West 2008)) to be included in the action.”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342. “Yet, sections 9-106 and 9-111 of the statute permit a claim for rent (735 ILCS 5/9-106 (West 2008)) as well as a claim for unpaid assessments (735 ILCS 5/9-111 (West 2008)) to be included in the action.”
North Spaulding Condo. Assoc v. Cavanaugh, 2017 IL App (1st) 160870, 76 N.E.3d 770. “735 ILCS 5/9-111(a) (West 2014). Again, the recoverable fees are not expressly limited to those incurred prosecuting the forcible action, but includes fees incurred by an association based on a unit owner’s failure to pay.”
735 ILCS 5/9-111(b): 4 cases
North Spaulding Condo. Assoc v. Cavanaugh, 2017 IL App (1st) 160870, 76 N.E.3d 770. “735 ILCS 5/9-111(a) (West 2014). Again, the recoverable fees are not expressly limited to those incurred prosecuting the forcible action, but includes fees incurred by an association based on a unit owner’s failure to pay.”
North Spaulding Condo. Assoc v. Cavanaugh, 2017 IL App (1st) 160870, 76 N.E.3d 770. “” 735 ILCS 5/9-111(a) (West 2014). Section 9-111(b) requires the trial court, when determining reasonable attorney’s fees, to consider: “(i) the time expended by the attorney; (ii) the reasonableness of the hourly rate for the work performed; (iii) the reasonableness of the…”
Bd. of Managers of the Inverrary Condo. Ass'n v. Karaganis, 2017 IL App (2d) 160271. “See 735 ILCS 5/9-111(a) (West 2014) (when a condominium owner fails to pay his or her proportionate share of the common expenses and the court finds that such expenses are due, the plaintiff is entitled to possession of the premises and to a judgment for the amount due,…”
Bd. of Managers of the Inverrary Condo. Ass'n v. Karaganis, 2017 IL App (2d) 160271, 80 N.E.3d 48. “See 735 ILCS 5/9-111(a) (West 2014) (when a condominium owner fails to pay his or her proportionate share of the common expenses and the court finds that such expenses are due, the plaintiff is entitled to possession of the premises and to a judgment for the amount due,…”
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