Cal. Civ. Code § 9-111
Condominium property
Operative Text
Condominium property. (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.
Under 735 Ill. Comp. Stat. 5 § 9-111, when a condominium unit owner fails to pay their share of common expenses, other lawfully agreed-upon expenses, or unpaid fines, the condominium association may pursue an eviction action in court. If the court finds the amounts are owed, it must issue an eviction order and a money judgment that can include interest, late charges, and reasonable attorney's fees. However, enforcement of the eviction order is automatically stayed for at least 60 days and up to 180 days from the judgment date, giving the unit owner an opportunity to cure the default and potentially have the order vacated.
Plain English — not legal advice.
Condominium boards and their managing agents operating under 735 Ill. Comp. Stat. 5 § 9-111 generally document all unpaid assessments, fines, interest, and late charges carefully before initiating an eviction action, since the court's judgment will be based on the amounts proven due. Compliant associations are aware that even after a favorable eviction order, enforcement is stayed for a minimum of 60 days and up to 180 days, during which the board may explore leasing the unit under Section 9-111.1. Boards typically track whether a unit owner remains current on assessments accruing after the judgment date, because ongoing arrears can affect whether a motion to vacate the order is granted.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A condominium unit owner facing eviction proceedings under 735 Ill. Comp. Stat. 5 § 9-111 has a statutory right to a mandatory stay of at least 60 days before the eviction order can be enforced, providing a window to address the unpaid amounts. If the owner pays all amounts found due by the court — including costs and attorney's fees — and is not in arrears for the period after the judgment, they may file a motion to vacate the eviction order in the same court. Unit owners in this situation may benefit from consulting a tenant-rights organization or housing attorney to understand the motion-to-vacate process and how the attorney's fee standards in subsection (b) of § 9-111 might apply to their case.
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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