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Rep. Scott Drury
Filed: 4/25/2017
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1 | | AMENDMENT TO HOUSE BILL 3755
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2 | | AMENDMENT NO. ______. Amend House Bill 3755 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Condominium Property Act is amended by |
5 | | changing Section 9.2 as follows:
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6 | | (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
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7 | | Sec. 9.2. Other remedies.
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8 | | (a) In the event of any default by any unit owner,
his |
9 | | tenant, invitee or guest in the performance of his obligations |
10 | | under this
Act or under the declaration, bylaws, or the rules |
11 | | and regulations of the board
of managers, the board of managers |
12 | | or its agents shall have such rights and
remedies as provided |
13 | | in the Act or condominium instruments including the right
to |
14 | | maintain an action for possession against such defaulting unit |
15 | | owner or his
tenant for the benefit of all the other unit |
16 | | owners in the manner prescribed by
Article IX of the Code of |
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1 | | Civil Procedure.
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2 | | (b) Except for attorney's fees incurred in any litigation |
3 | | or arbitration described in subsection (d) in which a unit |
4 | | owner is deemed by the court or arbitrator to be the prevailing |
5 | | party, any Any attorneys' fees incurred by the Association |
6 | | arising out of an adjudicated a
default by any unit owner, his |
7 | | tenant, invitee or guest in the performance of
any of the |
8 | | provisions of the condominium instruments, rules and |
9 | | regulations or
any applicable statute or ordinance shall be |
10 | | added to, and deemed a part of,
his respective share of the |
11 | | common expense.
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12 | | (c) Other than attorney's fees, no fees pertaining to the |
13 | | collection of a unit owner's financial obligation to the |
14 | | Association, including fees charged by a manager or managing |
15 | | agent, shall be added to and deemed a part of an owner's |
16 | | respective share of the common expenses unless: (i) the |
17 | | managing agent fees relate to the costs to collect common |
18 | | expenses for the Association; (ii) the fees are set forth in a |
19 | | contract between the managing agent and the Association; and |
20 | | (iii) the authority to add the management fees to an owner's |
21 | | respective share of the common expenses is specifically stated |
22 | | in the declaration or bylaws of the Association. |
23 | | (d) In any litigation or arbitration between a unit owner |
24 | | and the Association or its board of managers or any individual |
25 | | member of the Association or its board of managers regarding: |
26 | | (i) the enforcement of obligations of the board or the |
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1 | | Association, set forth either in this Act, the condominium |
2 | | instruments, rules and regulations, or any applicable statute |
3 | | or ordinance; (ii) a disputed charge on the unit owner's |
4 | | account; or (iii) a purported default as described in |
5 | | subsection (a), if the unit owner is deemed by the court or |
6 | | arbitrator to be the prevailing party, then the court or the |
7 | | arbitrator shall award to the unit owner from the |
8 | | non-prevailing party reasonable attorney's fees and costs |
9 | | incurred by the unit owner in the litigation or arbitration.
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10 | | (Source: P.A. 94-384, eff. 1-1-06.)".
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