Cal. Civ. Code § 9-106.1
Action for condominium assessments not barred or waived by acceptance of assessments for time periods not covered by demand. An action brought under paragraph (7) of subsection
Operative Text
Action for condominium assessments not barred or waived by acceptance of assessments for time periods not covered by demand. 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.
Under 735 Ill. Comp. Stat. 5 § 9-106.1, a condominium Board of Managers does not give up its right to pursue a legal action for unpaid assessments simply by accepting assessment payments from a unit owner for other time periods. In other words, collecting dues for months not covered by a formal demand for payment does not cancel or waive the board's claim for the period that is in dispute. The rule preserves the board's ability to bring an eviction or possession action under Section 9-102(a)(7) even while ongoing payments continue to be received.
Plain English — not legal advice.
Condominium associations and their Boards of Managers operating under 735 Ill. Comp. Stat. 5 § 9-106.1 generally continue to accept regular assessment payments from unit owners without concern that doing so will undermine a pending or future legal action for a separate delinquent period. Compliant boards typically document each payment received, clearly noting the time period to which it applies, so that accepted payments are not later characterized as a waiver of claims for other periods. Maintaining clear records of demands, the periods they cover, and all payments received helps demonstrate that acceptance of funds was never intended to resolve the disputed balance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-106.1, unit owners should be aware that continuing to pay regular assessments does not automatically resolve or eliminate a board's legal claim for a separate period identified in a formal demand. Even if a board accepts ongoing payments, it may still pursue a possession or eviction action under Section 9-102(a)(7) for the specific delinquent period named in that demand. Unit owners who receive a formal demand and want to understand how their payment history affects any pending action may wish to review the demand carefully, consult a tenant-rights or housing organization, or seek independent legal guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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