Rep. Scott Drury

Filed: 4/25/2017

 

 


 

 


 
10000HB3755ham001LRB100 04218 JLS 25526 a

1
AMENDMENT TO HOUSE BILL 3755

2    AMENDMENT NO. ______. Amend House Bill 3755 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Condominium Property Act is amended by
5changing Section 9.2 as follows:
 
6    (765 ILCS 605/9.2)  (from Ch. 30, par. 309.2)
7    Sec. 9.2. Other remedies.
8    (a) In the event of any default by any unit owner, his
9tenant, invitee or guest in the performance of his obligations
10under this Act or under the declaration, bylaws, or the rules
11and regulations of the board of managers, the board of managers
12or its agents shall have such rights and remedies as provided
13in the Act or condominium instruments including the right to
14maintain an action for possession against such defaulting unit
15owner or his tenant for the benefit of all the other unit
16owners in the manner prescribed by Article IX of the Code of

 

 

10000HB3755ham001- 2 -LRB100 04218 JLS 25526 a

1Civil Procedure.
2    (b) Except for attorney's fees incurred in any litigation
3or arbitration described in subsection (d) in which a unit
4owner is deemed by the court or arbitrator to be the prevailing
5party, any Any attorneys' fees incurred by the Association
6arising out of an adjudicated a default by any unit owner, his
7tenant, invitee or guest in the performance of any of the
8provisions of the condominium instruments, rules and
9regulations or any applicable statute or ordinance shall be
10added to, and deemed a part of, his respective share of the
11common expense.
12    (c) Other than attorney's fees, no fees pertaining to the
13collection of a unit owner's financial obligation to the
14Association, including fees charged by a manager or managing
15agent, shall be added to and deemed a part of an owner's
16respective share of the common expenses unless: (i) the
17managing agent fees relate to the costs to collect common
18expenses for the Association; (ii) the fees are set forth in a
19contract between the managing agent and the Association; and
20(iii) the authority to add the management fees to an owner's
21respective share of the common expenses is specifically stated
22in the declaration or bylaws of the Association.
23    (d) In any litigation or arbitration between a unit owner
24and the Association or its board of managers or any individual
25member of the Association or its board of managers regarding:
26(i) the enforcement of obligations of the board or the

 

 

10000HB3755ham001- 3 -LRB100 04218 JLS 25526 a

1Association, set forth either in this Act, the condominium
2instruments, rules and regulations, or any applicable statute
3or ordinance; (ii) a disputed charge on the unit owner's
4account; or (iii) a purported default as described in
5subsection (a), if the unit owner is deemed by the court or
6arbitrator to be the prevailing party, then the court or the
7arbitrator shall award to the unit owner from the
8non-prevailing party reasonable attorney's fees and costs
9incurred by the unit owner in the litigation or arbitration.
10(Source: P.A. 94-384, eff. 1-1-06.)".