participate. Please note that Public Act 102-896, which becomes effective on January 1, 2023, would consider it to be discrimination to make any real estate related decision based on the source of income. Thus, refusal to participate could result in civil liability. Moreover, some courts have said that they believe it is an affirmative defense (something that would negate a party’s claim) if af person is unwilling to participate in assistance programs.


One of the methods courts have used to resolve eviction and collection related issues is requiring the parties to participate in mediation with either an attorney or a trained mediator. Previously,courts required mediation in eviction cases sparingly, generally only if thef


parties seemed close to


resolving the collections issue.Now, it has become standard in a number of courtrooms.


f In some cases, the mediation


occurs on the same date that the association would have already been in court. In other instances, the mediation occurs a few weeks after the court date. Regardless of howf or why the association’s case ended up in mediation, it is imperative that the association participate in good faith in the process. This generally requires the association to be willing to grant a payment plan or, in some cases, waive non- assessment amounts. Importantly,theAssociation cannot waive assessments. If thef


f


attorneys’ fees. Local governments ar


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in good faith,thecourt can sanction theassociation, which often comes in the


association does not participate he formfor of cutting the association’s


re e a soalsol arit eties


what they see as dispariities niin residential housing. Chicago has a very strong Resid aldentialen


do L


ch provides pro


they are landlords th Moreover, it shows


showsows


ts in Cookook County y applyapplyp o ords th


t e he


doing more to help resolve re


Landlord Tenant Ordinance,


which puts tenants in a stronger position. Last year, Cook County enacted its own Residential Tenant Landlord Ordinance, whichi h rights for tenants not specificallly


to assoc aciiiat hemselve


additionalona protections and ty.Whileh l atiions


ns in i most s protect individuals.uals It would not be w a clear inten by gover


es they whey wouldl ent by go


be a surpriseis if thesef


th ordinance does s cases, where clearly apply.


governmrnmental units to efforts


extend to condominium and common interest community associations.


As you can see, the previous rout neout nutiine collections/ evictions process has been complicated n many ways. Associations need to adapt to these ch attorneys want to collectoll at a reasonable coscost. O en, successfully compl


balance into sma e mo n strongly


consideration to payment planspl


y recommendmend thath ayment


pletede d is whenh an ownerwn can split the aller amounts th


assossociations give reasonable to help the association


collectmore while spending less in these ever changing times.


Offten, the only w this can be hrough a payment plan. We


money fforo t


cated iin cha lenge the ay


nly wa y


halllenges. Collections th


association


 


to discuss your Association’s needs.


 lflanagan@bcmltd.com


1240 Meadow Rd., 4th Floor Northbrook, IL 60062


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