An action brought under paragraph (7) of subsection (a) of Section 9-102 of this Act is neither barred nor waived by the action of a Board of Managers in accepting payments from a unit owner for his or her proportionate share of the common expenses or of any other expenses lawfully agreed upon for any time period other than that covered by the demand.
9-106.1.Action for condominium assessments not barred or waived by acceptance of assessments for time periods not covered by demand.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-106.1 says a condo board doesn't waive its eviction claim for unpaid assessments just because it later accepted payments from the owner covering a different time period than the one the demand covered.
Full Text of 735 ILCS 5/9-106.1
Plain-English Summary
This section closes off an argument a delinquent unit owner might otherwise raise: that a board waived, or is barred from pursuing, an eviction action under Section 9-102(a)(7) because it kept accepting the owner's payments for a proportionate share of common expenses or other lawfully agreed expenses. Ordinary bookkeeping -- accepting a current assessment while a past-due demand is unresolved -- doesn't undo the pending case.
The rule is limited to payments for a time period other than the one covered by the demand. It doesn't speak to what happens if the board accepts payment of the amount demanded.
Frequently Asked Questions
If a condo board accepts a unit owner's current assessment payment while an eviction case over past-due assessments is pending, does that waive the case?
No -- accepting payment for a different time period than the one covered by the demand doesn't bar or waive the action.
Does this rule apply to any type of eviction action?
It applies to an action under Section 9-102(a)(7), the condominium-assessment eviction ground.
What if the board accepts payment for the exact period the demand covers?
This section addresses payments for a period other than the one covered by the demand; it doesn't speak to accepting the demanded amount itself.
Why would a unit owner argue that accepting payment waived the eviction claim?
Outside this rule, accepting payment could look like it resolved or excused the default; this section forecloses that argument for unrelated periods.
Does this section limit what a board must do to keep an eviction case alive?
No, it removes a potential waiver argument without adding any new requirement for the board.
Amendment History
(Source: P.A. 84-1308.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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