Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026
In one sentenceSection 9-111 governs condominium-assessment evictions, requiring the court to stay enforcement of the eviction order for 60 to 180 days, letting the owner cure by paying what's owed, and listing the factors a court weighs in setting the association's attorney's fees.
(a)As to property subject to the provisions of the "Condominium Property Act", approved June 20, 1963, as amended, when the action is based upon the failure of an owner of a unit therein to pay when due his or her proportionate share of the common expenses of the property, or of any other expenses lawfully agreed upon or the amount of any unpaid fine, and if the court finds that the expenses or fines are due to the plaintiff, the plaintiff shall be entitled to the possession of the whole of the premises claimed, and the court shall enter an eviction order in favor of the plaintiff and judgment for the amount found due by the court including interest and late charges, if any, together with reasonable attorney's fees, if any, and for the plaintiff's costs. The awarding of reasonable attorney's fees shall be pursuant to the standards set forth in subsection (b) of this Section 9-111. The court shall, by order, stay the enforcement of the eviction order for a period of not less than 60 days from the date of the judgment and may stay the enforcement of the order for a period not to exceed 180 days from such date. Any judgment for money or any rent assignment under subsection (b) of Section 9-104.2 is not subject to this stay. The eviction order is not subject to an exemption of homestead under Part 9 of Article XII of this Code. If at any time, either during or after the period of stay, the defendant pays such expenses found due by the court, and costs, and reasonable attorney's fees as fixed by the court, and the defendant is not in arrears on his or her share of the common expenses for the period subsequent to that covered by the order, the defendant may file a motion to vacate the order in the court in which the order was entered, and, if the court, upon the hearing of such motion, is satisfied that the default in payment of the proportionate share of expenses has been cured, and if the court finds that the premises are not presently let by the board of managers as provided in Section 9-111.1 of this Act, the order shall be vacated. If the premises are being let by the board of managers as provided in Section 9-111.1 of this Act, when any order is sought to be vacated, the court shall vacate the order effective concurrent with the expiration of the lease term. Unless defendant files such motion to vacate in the court or the order is otherwise stayed, enforcement of the order may proceed immediately upon the expiration of the period of stay and all rights of the defendant to possession of his or her unit shall cease and determine until the date that the order may thereafter be vacated in accordance with the foregoing provisions, and notwithstanding payment of the amount of any money judgment if the unit owner or occupant is in arrears for the period after the date of entry of the order as provided in this Section. Nothing herein contained shall be construed as affecting the right of the board of managers, or its agents, to any lawful remedy or relief other than that provided by Part 1 of this Article.
This amendatory Act of the 92nd General Assembly is intended as a clarification of existing law and not as a new enactment.
(b)For purposes of determining reasonable attorney's fees under subsection (a), the court shall consider:
(i)the time expended by the attorney; (ii) the reasonableness of the hourly rate for the work performed; (iii) the reasonableness of the amount of time expended for the work performed; and (iv) the amount in controversy and the nature of the action.
Plain-English Summary
Once the court finds the assessments or fines due, the association is entitled to possession of the whole unit and to a money judgment for the amount due, interest, late charges, reasonable attorney's fees measured under subsection (b), and costs. The eviction order isn't subject to a homestead exemption, and any money judgment or rent assignment under Section 9-104.2(b) isn't affected by the stay described next.
The court must stay enforcement of the eviction order at least 60 days, and may extend the stay up to 180 days. During or after the stay, an owner who pays the expenses found due, costs, and fees, and isn't behind on assessments for the period after the order, can move to vacate the order. If the unit isn't currently leased out under Section 9-111.1, the court vacates the order outright; if it is being leased under that section, vacatur takes effect only when that lease term ends.
Absent a motion to vacate or a further stay, enforcement proceeds once the stay expires, and the owner's possession rights stay cut off until the order is vacated, even after the money judgment is paid, so long as arrears continue for the period after the order. Subsection (b) lists what a court weighs in setting a reasonable attorney's fee: the time the attorney spent, whether the hourly rate and the time spent were reasonable, and the amount in controversy and the nature of the action.
Frequently Asked Questions
How long is the stay before a condo association can enforce an eviction order for unpaid assessments?
At least 60 days, and the court may extend it up to 180 days.
Can a unit owner get the eviction order vacated by paying what's owed?
Yes, if the owner pays the expenses found due, costs, and attorney's fees during or after the stay, and isn't behind for the period after the order -- though if the board has since leased the unit under Section 9-111.1, vacatur takes effect only when that lease ends.
Is a condo eviction order for unpaid assessments subject to a homestead exemption?
No, the section expressly says it isn't.
What factors does the court use to decide a reasonable attorney's fee award in a condo assessment case?
Time expended by the attorney, whether the hourly rate was reasonable, whether the time spent was reasonable, and the amount in controversy and nature of the action.
If the owner pays the money judgment but is still behind on assessments, is possession restored?
No -- the owner's right to possession stays cut off until the order is vacated, even after the money judgment is paid, if arrears continue for the period after the order.
Amendment History
(Source: P.A. 100-173, eff. 1-1-18.)
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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