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Renting from a Condo Owner Fees and Complaint for Possession, Oh My...

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corr

Junior Member
What is the name of your state (only U.S. law)? Illinois
My landlord is in default on a condo board fee that was levied, they believe, unfairly, they are disputing this, along with a few other condo members. However I have been served with a COmplaint for Possession of Condominium Unit and Judgment for Assessments
Two problems occur to me on reading this, I am listed as "All Unknown Occupants" and the form asserts that I am a co-owner of this condo. I am not, I am a tenet, renting from the owner. It is seeking "an order directing defendants' tenants (if any) to pay rent directly to plaintiff to satisfy this judgment order"... Am I going to be named as a defendant or in as a tenant? I surely can not be both! (or can I?)
I have no legal ownership of this condo that I am aware of, heck I am not even named on the lease itself, I am considered a +1...
Two, if this order is granted, can the plaintiff seize my property to satisfy this debt? If they can how would that go down, and who determines the value of what is taken? What happens to the remainder?
Three, I am poor, this is a two parter, I can not afford to pay the court appearance fees, is there a waiver for poor defendants or something similar? I have a crappy job that pays less then a 700 a month, surely there is some sort of cost effective solution to being sued. Also, I was told once that I was considered Judgment proof, and that all but a handful of judges would throw out or refuse to make a judgment against me, or deem it something or other to the effect that it can not be executed. Is this done in these condo disputes as well, or am I SOL no matter how little I can afford it?
three and a half, can the court order be used to force me to pay the full amount due immediately or does it simply adjust who I am paying and not the amount or when it is due?
Fourth, how do I push a court date back, I am not going to be in the country when this particular court date is set, is there a cheap or free form I can fill out if I am not named directly in the case?

Or, and this is what I am hoping for...

Given the wording and the complete lack of info this person was working off of, can I have this case thrown out and/or be removed from it entirely, merely to receive the order to pay rent to some one else for two months instead of dealing with any of it? Seriously, that'd be sweet...
 


FarmerJ

Senior Member
Your personal property can not be taken from you over a debt dispute with the landlord , I would tell you first to seek legal advice to learn what your states laws are for tenant rental payments when a landlord is behind on monthly fees/ dues. You may have to plan on changing your plans re being out of the country , It cost nothing to show up in court and tell the court you do not own this unit that you rent it.
 
Google IL's condo law; FL has both COA and HOA law that allows the COA/HOA to collect rents directly from the tenants when the owner is in arrears on assessments.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Illinois
My landlord is in default on a condo board fee that was levied, they believe, unfairly, they are disputing this, along with a few other condo members. However I have been served with a COmplaint for Possession of Condominium Unit and Judgment for Assessments
Two problems occur to me on reading this, I am listed as "All Unknown Occupants" and the form asserts that I am a co-owner of this condo. I am not, I am a tenet, renting from the owner. It is seeking "an order directing defendants' tenants (if any) to pay rent directly to plaintiff to satisfy this judgment order"... Am I going to be named as a defendant or in as a tenant? I surely can not be both! (or can I?)
I have no legal ownership of this condo that I am aware of, heck I am not even named on the lease itself, I am considered a +1...
Two, if this order is granted, can the plaintiff seize my property to satisfy this debt? If they can how would that go down, and who determines the value of what is taken? What happens to the remainder?
Three, I am poor, this is a two parter, I can not afford to pay the court appearance fees, is there a waiver for poor defendants or something similar? I have a crappy job that pays less then a 700 a month, surely there is some sort of cost effective solution to being sued. Also, I was told once that I was considered Judgment proof, and that all but a handful of judges would throw out or refuse to make a judgment against me, or deem it something or other to the effect that it can not be executed. Is this done in these condo disputes as well, or am I SOL no matter how little I can afford it?
three and a half, can the court order be used to force me to pay the full amount due immediately or does it simply adjust who I am paying and not the amount or when it is due?
Fourth, how do I push a court date back, I am not going to be in the country when this particular court date is set, is there a cheap or free form I can fill out if I am not named directly in the case?

Or, and this is what I am hoping for...

Given the wording and the complete lack of info this person was working off of, can I have this case thrown out and/or be removed from it entirely, merely to receive the order to pay rent to some one else for two months instead of dealing with any of it? Seriously, that'd be sweet...
**A: what did the attorny tell you when you called and told him/her that you were not an owner and only a tenant?
 

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