A second motion to reconsider does not stop the sheriff in an Illinois condo eviction
A second motion to reconsider does not stop the sheriff in an Illinois condo eviction
2026-09-10 · Illinois · Courts
What happened. On November 25, 2025 the Illinois Appellate Court, First District, Second Division, issued Royal Oak Condominium Ass'n v. Stevenson, 2025 IL App (1st) 242317 — a published, precedential opinion. Rehearing was denied December 15, 2025.1
Two questions: did a successive motion to reconsider stay the eviction, such that the association was in contempt for proceeding? And was the underlying judgment reviewable?
No, and no.
The dates decide it
- July 31, 2024 — judgment of eviction plus $16,552.62
- October 18, 2024 — timely Section 2-1203(a) motion denied; at that point the circuit court lost jurisdiction over the final judgment
- October 29, 2024 — a successive motion to reconsider filed
- November 12, 2024 — the sheriff's eviction proceeded
The successive motion was both disallowed by Rule 274 and untimely. Quoting Sears: “[a]n untimely motion *** neither stays the judgment nor extends the time for appeal.” No stay was in place on November 12, so there was no contempt.
The appeal of the underlying judgment was dismissed for want of jurisdiction, and denial of a “motion to clarify” — in substance a request for post-judgment injunctive relief — was not reviewable under Rule 303 or Rule 307.
Why it affects associations
Keep reading with the Illinois State Pass
The rest of this analysis — what an association can actually do, the recent bills and rulings, and how Illinois compares nationally — is for subscribers. $49/month for every Illinois topic on HOA Weekly.
$49/month, $449/year, or a $19.99 day pass.
What you unlock
- The court also told owners how to do it properly
- What it does not decide
- The bankruptcy footnote
and 2 more sections in detail
Already a subscriber? Sign in
Recurring monthly subscription · Cancel anytime · Need help?
Related Illinois HOA Topics
Stay on top of Illinois HOA law
Every week: new Illinois legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.