HB5744 100TH GENERAL ASSEMBLY

LRB100 20868 HEP 36366 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5744

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:

765 ILCS 605/9.2

from Ch. 30, par. 309.2

Amends the Condominium Property Act. Provides that certain attorney's fees shall be excluded from the demand given under specified provisions of the Code of Civil Procedure. Provides that in any litigation or arbitration between a unit owner and the association or its board of managers or any individual member of the association or its board of managers regarding specified disputes, if the unit owner is deemed by the court or arbitrator to be the substantially prevailing party, then the court or the arbitrator shall award to the unit owner from the non-prevailing party reasonable attorney's fees and costs incurred by the unit owner in the litigation or arbitration.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Condominium Property Act is amended by changing Section 9.2 as follows:

(765 ILCS 605/9.2) (from Ch. 30, par. 309.2)

Sec. 9.2. Other remedies.

(a) In the event of any default by any unit owner, his tenant, invitee or guest in the performance of his obligations under this Act or under the declaration, bylaws, or the rules and regulations of the board of managers, the board of managers or its agents shall have such rights and remedies as provided in the Act or condominium instruments including the right to maintain an eviction action against such defaulting unit owner or his tenant for the benefit of all the other unit owners in the manner prescribed by Article IX of the Code of Civil Procedure.

(b) Except for attorney's fees incurred in any litigation or arbitration described in subsection (d) in which a unit owner is deemed by the court or arbitrator to be the substantially prevailing party, any Any attorneys' fees incurred by the Association arising out of a default by any unit owner, his tenant, invitee or guest in the performance of any of the provisions of the condominium instruments, rules and regulations or any applicable statute or ordinance shall be added to, and deemed a part of, his respective share of the common expense; however, attorney's fees under this subsection shall be excluded from the demand given under Section 9-104 or 9-104.1 of the Code of Civil Procedure.

(c) Other than attorney's fees, no fees pertaining to the collection of a unit owner's financial obligation to the Association, including fees charged by a manager or managing agent, shall be added to and deemed a part of an owner's respective share of the common expenses unless: (i) the managing agent fees relate to the costs to collect common expenses for the Association; (ii) the fees are set forth in a contract between the managing agent and the Association; and (iii) the authority to add the management fees to an owner's respective share of the common expenses is specifically stated in the declaration or bylaws of the Association.

(d) In any litigation or arbitration between a unit owner and the Association or its board of managers or any individual member of the Association or its board of managers regarding: (i) the enforcement of obligations of the board or the Association, set forth either in this Act, the condominium instruments, rules and regulations, or any applicable statute or ordinance; (ii) a disputed charge on the unit owner's account; or (iii) a purported default as described in subsection (a), if the unit owner is deemed by the court or arbitrator to be the substantially prevailing party, then the court or the arbitrator shall award to the unit owner from the non-prevailing party reasonable attorney's fees and costs incurred by the unit owner in the litigation or arbitration.

(Source: P.A. 100-173, eff. 1-1-18.)