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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 9-102 as follows:
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6 | (735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
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7 | Sec. 9-102. When action may be maintained.
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8 | (a) The person entitled to the possession of lands or | ||||||
9 | tenements may be
restored thereto under any of the following | ||||||
10 | circumstances:
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11 | (1) When a forcible entry is made thereon.
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12 | (2) When a peaceable entry is made and the possession | ||||||
13 | unlawfully withheld.
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14 | (3) When entry is made into vacant or unoccupied lands | ||||||
15 | or
tenements without right or title.
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16 | (4) When any lessee of the lands or tenements, or any | ||||||
17 | person
holding under such lessee, holds possession without | ||||||
18 | right after the
termination of the lease or tenancy by its | ||||||
19 | own limitation, condition
or terms, or by notice to quit | ||||||
20 | or otherwise.
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21 | (5) When a vendee having obtained possession under a | ||||||
22 | written or
verbal agreement to purchase lands or | ||||||
23 | tenements, and having failed to
comply with the agreement, |
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1 | withholds possession thereof, after demand in
writing by | ||||||
2 | the person entitled to such possession; provided, however,
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3 | that any such agreement for residential real estate | ||||||
4 | entered into on or after July 1, 1987 that is an | ||||||
5 | installment sales contract, as defined in the Installment | ||||||
6 | Sales Contract Act, and the amount unpaid under the terms | ||||||
7 | of the contract at the time of the filing of the | ||||||
8 | foreclosure complaint, including principal and due and | ||||||
9 | unpaid interest, at the rate prior to default, is less | ||||||
10 | than 80% of the original purchase price of the real estate | ||||||
11 | as stated in the contract, as required under paragraph (2) | ||||||
12 | of subsection (a) of Section 15-1106 of the
Illinois | ||||||
13 | Mortgage Foreclosure Law , is subject to foreclosure | ||||||
14 | entered into on or after July 1, 1987 where
the purchase | ||||||
15 | price is to be paid in installments over a period in excess | ||||||
16 | of 5
years and the amount unpaid under the terms of the | ||||||
17 | contract at the time of
the filing of a foreclosure | ||||||
18 | complaint under Article XV, including principal
and due | ||||||
19 | and unpaid interest, is less than 80% of the original | ||||||
20 | purchase price
shall be foreclosed under the Illinois | ||||||
21 | Mortgage Foreclosure Law .
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22 | This amendatory Act of 1993 is declarative of existing | ||||||
23 | law.
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24 | (6) When lands or tenements have been conveyed by any | ||||||
25 | grantor in
possession, or sold under the order or judgment | ||||||
26 | of any court in this State, or
by virtue of any sale in any |
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1 | mortgage or deed of trust contained and the
grantor in | ||||||
2 | possession or party to such order or judgment or to such | ||||||
3 | mortgage or
deed of trust, after the expiration of the | ||||||
4 | time of redemption, when redemption
is allowed by law, | ||||||
5 | refuses or neglects to surrender possession thereof, after
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6 | demand in writing by the person entitled thereto, or his | ||||||
7 | or her agent.
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8 | (7) When any property is subject to the provisions of | ||||||
9 | the Condominium
Property Act, the owner of a unit fails or | ||||||
10 | refuses to pay when due his or
her proportionate share of | ||||||
11 | the common expenses of such property, or of any
other | ||||||
12 | expenses lawfully agreed upon or any unpaid fine, the | ||||||
13 | Board of
Managers or its agents have served the demand set | ||||||
14 | forth in Section 9-104.1
of this Article in the manner | ||||||
15 | provided for in that Section and the unit
owner has failed | ||||||
16 | to pay the amount claimed within the time prescribed in
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17 | the demand; or if the lessor-owner of a unit fails to | ||||||
18 | comply with the leasing
requirements prescribed by | ||||||
19 | subsection (n) of Section 18 of the Condominium
Property | ||||||
20 | Act or by
the
declaration, by-laws, and rules and | ||||||
21 | regulations of the condominium, or if a
lessee of an owner | ||||||
22 | is in breach of any covenants, rules, regulations, or
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23 | by-laws of the condominium, and the Board of Managers or | ||||||
24 | its agents have served
the demand set forth in Section | ||||||
25 | 9-104.2 of this Article in the manner provided
in that | ||||||
26 | Section.
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1 | (8) When any property is subject to the provisions of | ||||||
2 | a declaration
establishing a common interest community and | ||||||
3 | requiring the unit owner to
pay regular or special | ||||||
4 | assessments for the maintenance or repair of common
areas | ||||||
5 | owned in common by all of the owners of the common interest | ||||||
6 | community
or by the community association and maintained | ||||||
7 | for the use of the unit
owners or of any other expenses of | ||||||
8 | the association lawfully agreed upon,
and the unit owner | ||||||
9 | fails or refuses to pay when due his or her
proportionate | ||||||
10 | share of such assessments or expenses and the board or its
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11 | agents have served the demand set forth in Section 9-104.1 | ||||||
12 | of this Article
in the manner provided for in that Section | ||||||
13 | and the unit owner has failed to
pay the amount claimed | ||||||
14 | within the time prescribed in the demand.
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15 | (b) The provisions of paragraph (8) of subsection (a) of | ||||||
16 | Section 9-102
and Section 9-104.3 of this Act shall not apply | ||||||
17 | to any common interest
community unless (1) the association is | ||||||
18 | a not-for-profit corporation or a limited liability company, | ||||||
19 | (2)
unit owners are authorized to attend meetings of the board | ||||||
20 | of directors or
board of managers of the association in the | ||||||
21 | same manner as provided for
condominiums under the Condominium | ||||||
22 | Property Act, and (3) the board of
managers or board of | ||||||
23 | directors of the common interest community association
has, | ||||||
24 | subsequent to the effective date of this amendatory Act of | ||||||
25 | 1984 voted
to have the provisions of this Article apply to such | ||||||
26 | association and has
delivered or mailed notice of such action |
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1 | to the unit owners or unless the
declaration of the | ||||||
2 | association is recorded after the effective date of this
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3 | amendatory Act of 1985.
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4 | (c) For purposes of this Article:
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5 | (1) "Common interest community" means real estate | ||||||
6 | other than a
condominium or cooperative with respect to | ||||||
7 | which any person by virtue of
his or her ownership of a | ||||||
8 | partial interest or unit therein is obligated to
pay for | ||||||
9 | maintenance, improvement, insurance premiums, or real | ||||||
10 | estate taxes
of other real estate described in a | ||||||
11 | declaration which is administered by
an association.
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12 | (2) "Declaration" means any duly recorded instruments, | ||||||
13 | however
designated, that have created a common interest | ||||||
14 | community and any duly
recorded amendments to those | ||||||
15 | instruments.
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16 | (3) "Unit" means a physical portion of the common | ||||||
17 | interest community
designated by separate ownership or | ||||||
18 | occupancy by boundaries which are
described in a | ||||||
19 | declaration.
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20 | (4) "Unit owners' association" or "association" means | ||||||
21 | the association
of all owners of units in the common | ||||||
22 | interest community acting pursuant to
the declaration.
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23 | (d) If the board of a common interest community elects to | ||||||
24 | have the
provisions of this Article apply to such association | ||||||
25 | or the declaration of
the association is recorded after the | ||||||
26 | effective date of this amendatory Act
of 1985, the provisions |
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1 | of subsections (c) through (h) of Section 18.5 of
the | ||||||
2 | Condominium Property Act applicable to a Master Association | ||||||
3 | and
condominium unit subject to such association under | ||||||
4 | subsections (c) through
(h) of Section 18.5 shall be | ||||||
5 | applicable to the community associations and
to its unit | ||||||
6 | owners.
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7 | (Source: P.A. 99-41, eff. 7-14-15.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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