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Mark Rosenbaum Offers Insights for Condominium Associations Trying to Collect Assessments Accruing Pre-Foreclosure Sale in the ISBA’s Real Property Newsletter

The 2018 Sylva LLC v. Baldwin Court Condo. Ass’n, Inc., decision raised questions regarding the interpretation of several subsections within The Illinois Condominium Property Act. In the Illinois State Bar Association’s (ISBA) Real Property September 2022 newsletter, Mark Rosenbaum addresses these discrepancies and their potential effect on the steps condominium associations need to take to protect their rights when a unit goes to foreclosure sale.

In the piece, Mark discusses Condominium Property Act subsection 9(g)(3), (4) and (5), which outline the rights of condominium associations when a unit is sold at a foreclosure sale to a party other than the foreclosing lender.

According to Mark, the Sylva decision was wrongly decided and fails to clarify ambiguities from First District Appellate Court decisions.

Read the full article here.

Mark is a principal at Fischel Kahn, representing condominium and common interest community associations for more than 30 years.

October 6, 2022 | News |