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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33069
Experience:  12+ yrs. of experience including real estate law.
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I own a Condo in Illinois. Live in Wisconsin. I rent out the

Customer Question

I own a Condo in Illinois. Live in Wisconsin. I rent out the condo and that person pays the condo fees of 112.00 per month. They were 3 months behind were paying the fees but never caught up were always 3 months behind. The condo association sent notice to the rentor. Then turned it over to a law firm collection specialist who sent a certified letter to the rentor. The rentor did not sign or pick up the certified letter. They do not claim to have sent me any notice. I'm on the mortgage, title ,property tax and water bill as owner with my Wisconsin address on all. They are now;still without notice, saying they are taking me to court for 600.00 dollars in collection fees not including the condo fees. I was told this over the phone by someone from the firm today after I called them and they returned my call. Do they have a legal obligation to notify me before I wind up in this position. I have owned this property for over 3 years. I receive the property taxes at my Wisconsin address along with Mortgage payments water bill and my address is on file at the condo association office. The condo fees are now up to date as of Sept. 21,2015. I first learned of the problem from the person renting the property 3 days ago they brought the condo fees up to date then called me. I then called the condo assoc and found out what was going on. Do I owe collection fees when I have never been notified by either the condo assoc or the collection firm when my name and address were on file on every record they would have searched in regards ***** ***** me as the owner of the property.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

I am truly sorry for this dilemma. And even sorrier to be the person to have to bear bad news.

Unless the Condo Association bylaws contains provisions requiring they notify you personally, notice sent to the property is sufficient to allow them to collect on a bill.

In other words, unless the bylaws (the rules of your condo association) provide otherwise, they do not have to send notice to you at any address other than the property that is part of the association.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the law required them to send to your residence, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Thank you for the quick response.
Expert:  P. Simmons replied 1 year ago.

Certainly. Happy to help.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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