Code and association violations
Sell a house or condo with code violations.
Start with the city notice or the association letter. Fines, liens, repair orders, and deadlines can affect the offer and whether the sale can close.
By Todd Bennett, owner · Updated
A citation from the city, a letter from the condo board, or both. Either can carry deadlines, repair orders, fines, or liens. Send the full notice, the case number, and any association letters so everyone is working from the same information.
An open violation doesn't automatically end the conversation, and you don't have to clean, treat, or repair anything before you ask. The city, the association, your attorney, and the title company can confirm what must be corrected, paid, or otherwise handled before closing.

Good to know: Legal and financial details vary by situation. This page offers general information, not legal or tax advice. Talk with a qualified Illinois professional about your circumstances before signing an agreement.
What we do
Start with the actual notice
Send what you have: the city notice, the case number, any inspection report, hearing notice, or order, and for a condo, every letter from the association or its management company. Any offer should be based on those documents, not a guess from the city name.
Deadlines and penalties depend on the violation and where the case stands. Ask your attorney or the city what the notice requires while the title company checks for recorded claims.
City violations and association violations are separate
A city or village citation runs through the municipality, usually at an administrative hearing or in court. In Illinois, a fine from an administrative hearing that goes unpaid becomes a debt to the city, and if the city records it, it becomes a lien against the owner's property.
A condo or HOA violation runs through the association under its declaration and rules. Illinois condominium law makes unpaid charges, including unpaid fines, a lien on the unit. One problem, like an odor the neighbors complain about, can produce both a city citation and an association letter, and each one needs its own answer at closing.
Selling a condo: ask for the 22.1 documents early
When you sell a condo in Illinois, the board has to give you resale documents to share with the buyer. They include a statement of any liens and the unit's unpaid assessments and other charges, and the status of any lawsuits involving the association. Ask in writing. The board has 10 business days to deliver them and can charge a capped fee.
Read the association's closing or paid-assessment letter closely, too. Some say that unresolved violations and unpaid amounts carry over to the next owner. A buyer will price that in, so it's better to have the letter before the offer than to find out at the closing table.
Odor, pests, and trash: no cleanup first
You don't need to clean out, deodorize, or treat for pests before asking for an offer. The house or unit is reviewed as it stands. If pests have spread into a hallway or a neighbor's unit, share the board's letter, since the written agreement should say who pays for treatment and who gets the violation closed out.
Disclosure still applies. The Illinois seller disclosure report asks whether you've received a notice of violation that hasn't been corrected, and it asks specifically about termites and other wood-boring insects. Whether other pests or an odor count as a material defect depends on the facts, so ask your attorney what to disclose. Selling as-is doesn't replace the report.
Make the cost clear before closing
A fine or lien may need to be paid, released, negotiated, held in escrow, or addressed another way. The agreement and settlement statement should show who is responsible for each city fine, association charge, and required repair, rather than assuming anything transfers to the buyer.
Demolition, unsafe-building, and no-occupancy orders
A demolition, unsafe-building, or no-occupancy order is an immediate legal deadline, and a sale may not stop it. Contact your attorney and the issuing municipality, then share the order so everyone can determine whether a closing is still possible.
A recent example
A home with a city citation and association letters
The home had a strong pet odor. The association had an open nuisance violation, plus a pest problem that had spread into shared areas. The city had issued a separate citation for rubbish, with a court date already set.
The association's closing letter said unresolved violations and unpaid amounts would pass to the next owner. We read that letter and the association's documents, bought the home as-is, and closed about three and a half weeks after the first call. The owner paid his own fines; we took over the city and association issues after closing.
Details are limited to protect the seller's privacy.
No repairs. No cleanup.
- As-is
- No showings
- You pick the closing date.
Common questions
Common questions about the sale.
Can I sell a house or condo with an open violation?
Often, yes. The type of violation, any court order or recorded lien, and the city's transfer rules decide whether it can stay open through closing. Send the notice or the association letter first so the offer is based on what it actually says.
Am I on the hook for the fines at closing?
It depends on the fine and the title review. A fine may stay your obligation, be negotiated in the offer, be paid from your sale proceeds, or be handled another approved way. The settlement statement should show exactly who paid what.
Do condo association fines follow the unit?
They can. Illinois law makes unpaid condo charges, including fines, a lien on the unit, and some closing letters say open violations carry over to the next owner. Your attorney and the title company will confirm what applies to your unit.
What is the 22.1 disclosure, and how do I get it?
It's the set of resale documents an Illinois condo board must give a selling owner, including the unit's unpaid assessments and charges and any lawsuits involving the association. Ask the management company in writing. The board has 10 business days and can charge a capped fee.
Do I have to get rid of the smell or treat for pests first?
No. The house or unit is reviewed as it stands, so there's no need to deodorize, exterminate, or haul anything away before you ask. The written agreement should say who handles treatment and who closes out any violation after the sale.
Do I have to disclose pests or an odor in Illinois?
The Illinois disclosure report asks about termites and other wood-boring insects and about violation notices that haven't been corrected. Other pests or an odor may need disclosing if they're a material defect. That depends on the facts, so ask your attorney before you sign the report.
Can the association stop the sale?
Check your declaration. Some include a right of first refusal or require notice to the board before a sale. The management company can tell you what applies to your building, and it's worth asking early so nothing surprises you close to the closing date.
What if the city is threatening demolition?
Treat it as urgent. A buyer can't promise to outrun a demolition order, and a sale may not pause it. Contact your attorney and the city, then send us the complete order and the deadline.
What if the violation is already at a hearing or in court?
Go to any hearing you're told to attend, and bring your attorney in. An administrative hearing and a court case follow different rules, deadlines, and appeal rights, and those orders control what must happen before or after a sale. Send them along with the notice.
What about an open permit from the previous owner?
An open permit may need an inspection, a close-out, an escrow, a correction, or another step with the city. It doesn't automatically become the buyer's responsibility after closing, so the agreement should say who handles it.
How does closing work if there's a municipal lien?
The title report should show the lien. Your attorney and the title company can explain whether it must be paid, released, or handled another way before closing. It can affect the offer, the timing, and what you receive.
Who deals with the inspector or the board after an offer?
Don't assume the buyer takes over before or after closing. The written agreement should say who may speak with the inspector or the association and who is responsible for each notice, deadline, fee, and repair.
Illinois law referenced on this page
- Illinois Municipal Code, administrative adjudication: unpaid fines and liens (65 ILCS 5/1-2.1-8)
- Condominium Property Act, liens for unpaid charges and fines (765 ILCS 605/9)
- Condominium Property Act, resale disclosures (765 ILCS 605/22.1)
- Residential Real Property Disclosure Act, the disclosure report (765 ILCS 77/35)
Guides for this situation
- Selling a condo with open violations in IllinoisWhat the association can charge, what the 22.1 documents show a buyer, and how open violations get handled at closing.
- Do you have to disclose mice, roaches, or bed bugs in Illinois?What the Illinois disclosure report actually asks about pests, odors, and violation notices, who has to fill it out, and what happens if it's wrong.
- A home with an odor violation, pests, and a city citationHow a home with open association violations and a city court date sold in under four weeks, what the paperwork said, and what we took on after closing.
Related situations
- House with heavy clutterStart without a full cleanout. Tell us about blocked rooms, hazards, and anything you hope to leave.
- Needs major repairsAsk for an offer before deciding what to repair. Share any reports or estimates you already have.
- Sell as-isStart with the house in its current condition. No repairs or listing preparation before you ask for an offer.
- Behind on paymentsStart early with the lender notices, current payoff, and what you know about the title.
- Vacant propertyOut-of-state owners can start with the address, property details, and an access plan.
A simple first step
Ready to talk about the house?
In any condition.
Start with the property address and tell us a little about the house. We will explain what happens next.
Prefer to talk?
Call 224-219-0970