In order to vacate the order for possession, a unit owner must pay all past due assessments, charges and attorneys fees.
In a recent case, the First District Appellate Court determined that in order for a unit owner to vacate an order for possession under Section 9-111 of the Forcible Entry and Detainer Act, the owner must pay all past due assessments, charges, and attorney’s fees, not just the judgment. Further, the judgment cannot be vacated if the association is leasing the property to a tenant under Section 9-111.1 of the Act.
In the case of State Place Condominium Association v. Magpayo, 2016 Il App (1st) 140426, the condominium association filed a forcible entry and detainer claim against the owner who was in default of the payment of her assessments. The trial court denied the defendant’s nine motions to vacate the judgment and order for possession, finding that the defendant had failed to cure the default and that the property had been leased by the association. The court determined that an evidentiary hearing was not necessary to determine whether the default had been cured despite defendant’s contention that the statute required one. The court could make a determination based on the filings of the parties which showed that the defendant had failed to pay all amounts owed, including post-judgment attorney’s fees awarded by the court, and that the association had a lease for the property. Based upon this evidence, the appellate court affirmed the trial court’s denial of the owner’s motions to vacate the judgment and order for possession.