Illinois Condo and CICAA Assessment Lien & Super-Priority Calculator

How this calculator works

This is an assessment-lien builder for Illinois condominium and CICAA non-condominium associations. Given the association type, monthly assessment, months delinquent, late fees, accrued interest, attorney fees, and costs, it returns:

1. The total lien amount (assessments + late fees + interest + attorney fees + costs).
2. The six-month super-priority dollar amount under 765 ILCS 605/9(g)(1) — the portion that takes priority over the first mortgage in a foreclosure sale. Zero for CICAA non-condominium associations.
3. Whether the super-priority position applies — yes for condominiums under § 9(g)(1), no for CICAA under 765 ILCS 160.
4. The projected foreclosure path (foreclosure-ready, collection-letter, small-claims, or write-off-candidate) based on the total lien and months delinquent.
5. A verdict-text summary and a multi-line breakdown for the collection file.

Use the calculator at the time of referral to collection counsel to evaluate the expected recovery; use it during foreclosure-readiness review to confirm the lien meets the board's referral thresholds; use it after a first-mortgage foreclosure to compute the super-priority amount owed to the association by the foreclosure purchaser.

The relevant Illinois statutes

Illinois has two parallel governance regimes for community associations:

765 ILCS 605 (Illinois Condominium Property Act) governs condominiums. Section 9(g)(1) creates the six-month super-priority over a first mortgage — the most important collection lever for Illinois condominium associations. Section 9.2 governs the demand-letter procedure and attorney fees and costs recovery. The lien attaches automatically on the assessment due date; recording the statement of account perfects the lien against bona fide purchasers.

765 ILCS 160 (Common-Interest-Community Association Act, CICAA) governs townhome HOAs, lot subdivision HOAs, and other non-condominium common-interest communities. Section 1-45 governs the lien procedure. The CICAA lien attaches only upon RECORDING of the statement of lien — unlike the automatic attachment for condominiums. CICAA does NOT include a super-priority over the first mortgage; that protection is unique to condominiums under § 9(g) of the Condominium Property Act.

735 ILCS 5/15-1101 et seq. (Illinois Mortgage Foreclosure Law) governs the foreclosure procedure for the association lien. Association-lien foreclosure proceeds as a mortgage foreclosure, including the right of redemption and the requirement of a judicial sale.

735 ILCS 5/2-1303 (Illinois judgment rate) sets the default interest rate at 9% per annum when the declaration is silent on interest. Most Illinois declarations specify a rate in the 9% to 18% range.

1010 Lake Shore Ass'n v. Deutsche Bank Nat'l Trust Co., 2015 IL 118372 — Illinois Supreme Court confirmed that the § 9(g)(1) super-priority survives the foreclosure sale and is owed by the foreclosure purchaser. The decision foreclosed lender arguments that the super-priority is extinguished at the sale, securing the protection for condominium associations.

Key thresholds and gotchas

The super-priority is SIX MONTHS of assessments only. The six months are the six months IMMEDIATELY PRIOR to the filing of the foreclosure action. Late fees, interest, attorney fees, and costs are part of the total lien but are NOT part of the super-priority amount; they recover only from surplus sale proceeds or from owner personal liability.

CICAA has NO super-priority. The Illinois legislature considered extending the protection to non-condominium common-interest communities and chose not to. A CICAA association lien is subordinate to the first mortgage; recovery in foreclosure depends on equity above the first-mortgage balance. CICAA collection strategy emphasizes pre-foreclosure cure, payment plans, and small-claims judgment enforcement.

Condominium lien attaches AUTOMATICALLY on the assessment due date. Recording the statement of account perfects the lien against bona fide purchasers but is not required for attachment. CICAA lien attaches only UPON recording.

The Illinois judgment rate is 9% per annum. Where the declaration is silent on interest, 9% applies as the residual default. Most declarations specify higher rates (commonly 12% or 18%).

Attorney fees are recoverable but NOT super-priority. Under §§ 9.2 (condo) and 1-45 (CICAA), reasonable attorney fees are recoverable from the delinquent owner. They are included in the total lien but fall into the subordinate portion — they do not enjoy the six-month super-priority.

Foreclosure-readiness is a board policy decision. No statute sets the threshold. The calculator uses $2,500 total lien and 3 months delinquent as a conservative default. Many associations set higher thresholds ($5,000 or 6 months) to avoid disproportionate collection costs.

Worked example: condominium foreclosure-ready lien

Condominium, monthly assessment $400, 8 months delinquent, late fees $200, interest accrued $150, attorney fees $1,500, costs $350.

• Total assessments: $400 × 8 = $3,200.
• Total lien: $3,200 + $200 + $150 + $1,500 + $350 = $5,400.
• Super-priority: $400 × 6 = $2,400 (six months at the unit's monthly assessment).
• Foreclosure path: FORECLOSURE READY ($5,400 above $2,500 and 8 months above 3 months).

At foreclosure, the lender owes the association $2,400 as the super-priority amount. The remaining $3,000 of the lien is subordinate to the first mortgage and recovers only from sale-proceeds surplus or from the prior owner personally.

Worked example: CICAA lien — no super-priority

CICAA townhome HOA, monthly assessment $300, 6 months delinquent, late fees $150, interest $90, attorney fees $1,200, costs $250.

• Total assessments: $300 × 6 = $1,800.
• Total lien: $1,800 + $150 + $90 + $1,200 + $250 = $3,490.
• Super-priority: ZERO (CICAA has no super-priority).
• Foreclosure path: FORECLOSURE READY ($3,490 above $2,500 and 6 months above 3 months).

At foreclosure of the first mortgage, the CICAA lien is wholly subordinate. The full $3,490 recovers only from sale-proceeds surplus; if the unit sells for less than the first-mortgage balance plus expenses, the association recovers nothing from the foreclosure. The association can pursue the prior owner personally for the unpaid amount under contract and statute.

Worked example: small balance, write-off candidate

Condominium, monthly assessment $250, 1 month delinquent, $25 late fee, no interest, no attorney fees, no costs.

• Total assessments: $250 × 1 = $250.
• Total lien: $250 + $25 = $275.
• Super-priority: $250 × 1 = $250.
• Foreclosure path: WRITE-OFF CANDIDATE (below the $500 small-claims threshold).

For a one-month delinquency at this size, the practical answer is to send a friendly reminder rather than escalate. Collection costs would likely exceed the recovery.

Worked example: large balance with high delinquency

Condominium, monthly assessment $600, 24 months delinquent, late fees $1,200, interest $2,400, attorney fees $4,500, costs $600.

• Total assessments: $600 × 24 = $14,400.
• Total lien: $14,400 + $1,200 + $2,400 + $4,500 + $600 = $23,100.
• Super-priority: $600 × 6 = $3,600 (caps at six months even though delinquency is 24 months).
• Foreclosure path: FORECLOSURE READY.

At first-mortgage foreclosure, the lender owes the association $3,600 super-priority. The remaining $19,500 is subordinate and recovers only from sale-proceeds surplus or owner personal liability. This is the typical pattern in long-distressed condominium accounts — the super-priority covers only a fraction of the full lien, and the rest is at risk.

What this calculator does NOT model

The calculator implements the LIEN COMPOSITION and SUPER-PRIORITY math. It does NOT:

• Compute interest forward from the assessment due date. Interest is accepted as an input (the ledger balance) rather than recomputed. This matches how the lien is presented at foreclosure (the recorded statement of account shows the ledger, not a recomputation).
• Model the Illinois Mortgage Foreclosure Law procedure in detail. Once the lien is referred to counsel, the foreclosure proceeds under 735 ILCS 5/15-1101 et seq.; this calculator does not implement the redemption-period math, the bid-amount math, or the deficiency-judgment math.
• Validate compliance with the Federal Fair Debt Collection Practices Act (FDCPA) or the Illinois Collection Agency Act. Both regimes affect the form of demand letters and the conduct of collection.
• Compute the developer-period lien protections under § 9.2 of the Condominium Property Act (developer-period assessment timing has additional rules).
• Model the CICAA § 1-45(c) statement-of-lien content requirements in detail — the statement must include the unit identification, the amount owed, and a copy of the recorded declaration excerpt establishing the lien.
• Provide legal advice on whether to foreclose, take a payment plan, or write off a particular account.

For any consequential lien decision (foreclosure referral, super-priority dispute with a lender, post-foreclosure recovery from a foreclosure purchaser), retain Illinois counsel with condominium and HOA collection experience.

Counting conventions

The calculator computes total assessments as monthly × months delinquent — partial months are not counted. If the unit is two-thirds of a month delinquent, round up to one month if the late-fee policy treats it as a full month.

The super-priority is capped at six months even when delinquency exceeds six months. For a unit twelve months delinquent at $400 monthly, the super-priority is $2,400 (six months), not $4,800 (twelve months). The remaining six months of assessments fall into the subordinate portion of the lien.

The super-priority is calculated on the COMMON-EXPENSE ASSESSMENT only — not on special assessments, late fees, interest, attorney fees, or costs. Special assessments imposed during the six-month pre-foreclosure window are a contested area; some Illinois case law treats them as part of the super-priority, others as subordinate. The calculator uses the conservative approach (regular common-expense assessment only).

All dollar amounts are entered and reported in whole-dollar accuracy, with two-decimal display.

Sources

Last reviewed: 2026-05-16 against:

• 765 ILCS 605/9 (Illinois Condominium Property Act assessment lien).
• 765 ILCS 605/9(g)(1) (six-month super-priority over first mortgage).
• 765 ILCS 605/9.2 (condominium demand letter, attorney fees, costs recovery).
• 765 ILCS 160/1-45 (CICAA lien attachment upon recording — no super-priority).
• 735 ILCS 5/15-1101 et seq. (Illinois Mortgage Foreclosure Law).
• 735 ILCS 5/2-1303 (Illinois judgment rate of 9% per annum, default interest).
• 1010 Lake Shore Ass'n v. Deutsche Bank Nat'l Trust Co., 2015 IL 118372 (Illinois Supreme Court — super-priority survives foreclosure sale, owed by foreclosure purchaser).
• 225 ILCS 427 (Community Association Manager Licensing and Disciplinary Act — managers who administer collection on behalf of the board).