Ashburn, VA asked in Real Estate Law for Illinois

Q: Can the property manager be liable for the typo error that they have made and can I ask for financial damage?

In 2012 when I brought my condo the HOA fee was 274.55 which was stated on my PA(Paid Assessment Letter), The property management company continue to send statements, bill me at 274.55, and accepted the 274.55 HOA amount in 2012 and 2013. In 2014 the condo management discovered there was a typo error on my HOA fee and what I should be really paying for my unit is 372.46, there was a 7.5% HOA increase to all units in 2014 so my HOA fee is 402.65. Within 1 year my HOA fee went from 274.55 to 402.65. Now, having already brought into the property, I feel now locked into the new HOA fee amount an error that the property management had made and having to come up with 100.00 every month. So from 2014 till now there was no resolution and refusing to pay the extra 100.00 every month my balance on my condo is 8,400 which includes the 1,200 difference in HOA fee for 2013 they trying to collect.

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1 Lawyer Answer
Robert Shipley
Robert Shipley
  • Chicago, IL
  • Licensed in Illinois

A: 765 ILCS 605/9(f) of the Illinois Condo Act provides: Payment of any assessment shall be in amounts and at times determined by the board of managers. If the assessment increased, as is often the case, then the unit owner is required to pay the new amount. So if I understand the question, the issue is focused on the 2014 increase in assessment. It appears you were properly billed for that amount and are required to pay. If you do not pay the Board can authorize action be taken against you which could potentially end up with you losing your property for the non-payment of the assessment.

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