Full Text of HB4168 95th General Assembly
HB4168 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4168
Introduced , by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/9-106.1 rep. |
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735 ILCS 5/9-111 rep. |
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735 ILCS 5/9-111.1 rep. |
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735 ILCS 5/9-102 |
from Ch. 110, par. 9-102 |
735 ILCS 5/9-104.1 |
from Ch. 110, par. 9-104.1 |
735 ILCS 5/9-104.2 |
from Ch. 110, par. 9-104.2 |
735 ILCS 5/9-107 |
from Ch. 110, par. 9-107 |
735 ILCS 5/9-117 |
from Ch. 110, par. 9-117 |
765 ILCS 605/9.2 |
from Ch. 30, par. 309.2 |
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Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Repeals provisions permitting the board of managers of a condominium to maintain an action for possession against a unit owner (and a tenant of a unit owner) if the unit owner fails or refuses to pay common expenses, other expenses, or a fine, and makes conforming changes in other provisions of the Code of Civil Procedure and the Condominium Property Act.
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A BILL FOR
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HB4168 |
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LRB095 14028 WGH 40227 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| (735 ILCS 5/9-106.1 rep.)
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| (735 ILCS 5/9-111 rep.)
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| (735 ILCS 5/9-111.1 rep.)
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| Section 5. The Code of Civil Procedure is amended by | 8 |
| repealing Sections 9-106.1, 9-111, and 9-111.1. | 9 |
| Section 10. The Code of Civil Procedure is amended by | 10 |
| changing Sections 9-102, 9-104.1, 9-104.2, 9-107, and 9-117 as | 11 |
| follows:
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| (735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
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| Sec. 9-102. When action may be maintained.
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| (a) The person entitled to the possession of lands or | 15 |
| tenements may be
restored thereto under any of the following | 16 |
| circumstances:
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| (1) When a forcible entry is made thereon.
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| (2) When a peaceable entry is made and the possession | 19 |
| unlawfully withheld.
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| (3) When entry is made into vacant or unoccupied lands | 21 |
| or
tenements without right or title.
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| (4) When any lessee of the lands or tenements, or any |
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| person
holding under such lessee, holds possession without | 2 |
| right after the
termination of the lease or tenancy by its | 3 |
| own limitation, condition
or terms, or by notice to quit or | 4 |
| otherwise.
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| (5) When a vendee having obtained possession under a | 6 |
| written or
verbal agreement to purchase lands or tenements, | 7 |
| and having failed to
comply with the agreement, withholds | 8 |
| possession thereof, after demand in
writing by the person | 9 |
| entitled to such possession; provided, however,
that any | 10 |
| such agreement for residential real estate as defined in | 11 |
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Illinois Mortgage Foreclosure Law entered into on or | 12 |
| after July 1, 1987 where
the purchase price is to be paid | 13 |
| in installments over a period in excess of 5
years and the | 14 |
| amount unpaid under the terms of the contract at the time | 15 |
| of
the filing of a foreclosure complaint under Article XV, | 16 |
| including principal
and due and unpaid interest, is less | 17 |
| than 80% of the original purchase price
shall be foreclosed | 18 |
| under the Illinois Mortgage Foreclosure Law.
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| This amendatory Act of 1993 is declarative of existing | 20 |
| law.
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| (6) When lands or tenements have been conveyed by any | 22 |
| grantor in
possession, or sold under the order or judgment | 23 |
| of any court in this State, or
by virtue of any sale in any | 24 |
| mortgage or deed of trust contained and the
grantor in | 25 |
| possession or party to such order or judgment or to such | 26 |
| mortgage or
deed of trust, after the expiration of the time |
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| of redemption, when redemption
is allowed by law, refuses | 2 |
| or neglects to surrender possession thereof, after
demand | 3 |
| in writing by the person entitled thereto, or his or her | 4 |
| agent.
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| (7) When any property is subject to the provisions of | 6 |
| the Condominium
Property Act, the owner of a unit fails or | 7 |
| refuses to pay when due his or
her proportionate share of | 8 |
| the common expenses of such property, or of any
other | 9 |
| expenses lawfully agreed upon or any unpaid fine, the Board | 10 |
| of
Managers or its agents have served the demand set forth | 11 |
| in Section 9-104.1
of this Article in the manner provided | 12 |
| for in that Section and the unit
owner has failed to pay | 13 |
| the amount claimed within the time prescribed in
the | 14 |
| demand; or if the lessor-owner of a unit fails to comply | 15 |
| with the leasing
requirements prescribed by subsection (n) | 16 |
| of Section 18 of the Condominium
Property Act or by
the
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| declaration, by-laws, and rules and regulations of the | 18 |
| condominium, or if a
lessee of an owner is in breach of any | 19 |
| covenants, rules, regulations, or
by-laws of the | 20 |
| condominium, and the Board of Managers or its agents have | 21 |
| served
the demand set forth in Section 9-104.2 of this | 22 |
| Article in the manner provided
in that Section.
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| (8) When any property is subject to the provisions of a | 24 |
| declaration
establishing a common interest community and | 25 |
| requiring the unit owner to
pay regular or special | 26 |
| assessments for the maintenance or repair of common
areas |
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| owned in common by all of the owners of the common interest | 2 |
| community
or by the community association and maintained | 3 |
| for the use of the unit
owners or of any other expenses of | 4 |
| the association lawfully agreed upon,
and the unit owner | 5 |
| fails or refuses to pay when due his or her
proportionate | 6 |
| share of such assessments or expenses and the board or its
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| agents have served the demand set forth in Section 9-104.1 | 8 |
| of this Article
in the manner provided for in that Section | 9 |
| and the unit owner has failed to
pay the amount claimed | 10 |
| within the time prescribed in the demand.
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| (b) The provisions of paragraph (8) of subsection (a) of | 12 |
| Section 9-102
and Section 9-104.3 of this Act shall not apply | 13 |
| to any common interest
community unless (1) the association is | 14 |
| a not-for-profit corporation, (2)
unit owners are authorized to | 15 |
| attend meetings of the board of directors or
board of managers | 16 |
| of the association in the same manner as provided for
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| condominiums under the Condominium Property Act, and (3) the | 18 |
| board of
managers or board of directors of the common interest | 19 |
| community association
has, subsequent to the effective date of | 20 |
| this amendatory Act of 1984 voted
to have the provisions of | 21 |
| this Article apply to such association and has
delivered or | 22 |
| mailed notice of such action to the unit owners or unless the
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| declaration of the association is recorded after the effective | 24 |
| date of this
amendatory Act of 1985.
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| (c) For purposes of this Article:
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| (1) "Common interest community" means real estate |
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| other than a
condominium or cooperative with respect to | 2 |
| which any person by virtue of
his or her ownership of a | 3 |
| partial interest or unit therein is obligated to
pay for | 4 |
| maintenance, improvement, insurance premiums, or real | 5 |
| estate taxes
of other real estate described in a | 6 |
| declaration which is administered by
an association.
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| (2) "Declaration" means any duly recorded instruments, | 8 |
| however
designated, that have created a common interest | 9 |
| community and any duly
recorded amendments to those | 10 |
| instruments.
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| (3) "Unit" means a physical portion of the common | 12 |
| interest community
designated by separate ownership or | 13 |
| occupancy by boundaries which are
described in a | 14 |
| declaration.
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| (4) "Unit owners' association" or "association" means | 16 |
| the association
of all owners of units in the common | 17 |
| interest community acting pursuant to
the declaration.
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| (d) If the board of a common interest community elects to | 19 |
| have the
provisions of this Article apply to such association | 20 |
| or the declaration of
the association is recorded after the | 21 |
| effective date of this amendatory Act
of 1985, the provisions | 22 |
| of subsections (c) through (h) of Section 18.5 of
the | 23 |
| Condominium Property Act applicable to a Master Association and
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| condominium unit subject to such association under subsections | 25 |
| (c) through
(h) of Section 18.5 shall be applicable to the | 26 |
| community associations and
to its unit owners.
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| (Source: P.A. 88-47; 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)
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| (735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
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| Sec. 9-104.1. Demand; Notice; Return; Condominium and | 4 |
| Contract
Purchasers.
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| (a) In case there is a contract for the purchase of such | 6 |
| lands
or tenements or in case of condominium property, the | 7 |
| demand shall give the
purchaser under such contract, or to the | 8 |
| condominium unit owner, as the
case may be, at least 30 days to | 9 |
| satisfy the terms of the demand before an
action is filed. In | 10 |
| case of a condominium unit, the demand shall set forth
the | 11 |
| amount claimed which must be paid within the time prescribed in | 12 |
| the
demand and the time period or periods when the amounts were | 13 |
| originally due,
unless the demand is for compliance with | 14 |
| Section 18(n) of the Condominium
Property Act, in which case | 15 |
| the demand shall set forth the nature of the
lease and | 16 |
| memorandum of lease or the leasing requirement not satisfied.
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| The amount claimed shall include regular or special | 18 |
| assessments, late
charges or interest for delinquent | 19 |
| assessments, and attorneys' fees claimed
for services incurred | 20 |
| prior to the demand. Attorneys' fees claimed by
condominium | 21 |
| associations in the demand shall be subject to review by the
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| courts in any forcible entry and detainer proceeding under | 23 |
| subsection (b) of Section 9-111
of this Act.
The demand shall | 24 |
| be signed by the person claiming such possession, his or
her | 25 |
| agent, or attorney.
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| (b) (Blank). In the case of a condominium unit, the demand | 2 |
| is not invalidated by
partial payment of amounts due if the | 3 |
| payments do not, at the end of the
notice period, total the | 4 |
| amounts demanded in the notice for common
expenses, unpaid | 5 |
| fines, interest, late charges, reasonable attorney fees
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| incurred prior to the initiation of any court action and costs | 7 |
| of
collection. The person claiming possession, or his or her | 8 |
| agent or
attorney, may, however, agree in writing to withdraw | 9 |
| the demand in exchange
for receiving partial payment. To | 10 |
| prevent invalidation, the notice must
prominently state:
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| "Only FULL PAYMENT of all amounts demanded in this notice | 12 |
| will invalidate
the demand, unless the person claiming | 13 |
| possession, or his or her agent or
attorney, agrees in writing | 14 |
| to withdraw the demand in exchange for
receiving partial | 15 |
| payment."
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| (c) The demand set forth in subsection (a) of this Section | 17 |
| shall be
served either personally upon such purchaser or | 18 |
| condominium unit owner or
by sending the demand thereof by | 19 |
| registered or certified mail with return
receipt requested to | 20 |
| the last known address of such purchaser or condominium
unit | 21 |
| owner or in case no one is in the actual possession of the | 22 |
| premises,
then by posting the same on the premises. When such | 23 |
| demand is made by an
officer authorized to serve process, his | 24 |
| or her return is prima facie
evidence of the facts therein | 25 |
| stated and if such demand is made by any
person not an officer, | 26 |
| the return may be sworn to by the person serving the
same, and |
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| is then prima facie evidence of the facts therein stated.
To be | 2 |
| effective service under this Section, a demand sent by | 3 |
| certified or
registered mail to the last known address need not | 4 |
| be received by the
purchaser or condominium unit owner.
No
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| other demand shall be required as a prerequisite to filing an | 6 |
| action under
paragraph (7) of subsection (a) of Section 9-102 | 7 |
| of this Act.
Service of the demand by registered or certified | 8 |
| mail shall be deemed
effective upon deposit in the United | 9 |
| States mail with proper postage prepaid
and addressed as | 10 |
| provided in this subsection.
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| (Source: P.A. 90-496, eff. 8-18-97.)
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| (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
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| Sec. 9-104.2. Demand - Notice - Termination of Lease and | 14 |
| Possession of a
Condominium.
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| (a) Unless the Board of Managers is seeking to
terminate | 16 |
| the right of possession of a tenant or other occupant of a unit
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| under
an existing lease or other arrangement with the owner
of | 18 |
| a unit, no demand nor summons need be served upon the tenant or | 19 |
| other
occupant in connection
with an action brought under | 20 |
| paragraph (7) of subsection (a) of Section
9-102 of this | 21 |
| Article.
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| (a-5) The Board of Managers may seek to terminate
the right | 23 |
| of possession of a tenant or other occupant of a unit under an
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| existing lease or other arrangement between the tenant or other | 25 |
| occupant and
the defaulting owner of a unit, either within the |
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| same action against the unit
owner under paragraph (7) of | 2 |
| subsection (a) of Section 9-102 of this Article or
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| independently thereafter under other paragraphs of that | 4 |
| subsection. If a
tenant or other occupant of a unit is joined | 5 |
| within
the same action against the defaulting unit owner under | 6 |
| paragraph (7),
only the unit owner and not the tenant or other | 7 |
| occupant
need to be served with 30 days prior written notice as
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| provided in this Article.
The tenant or other occupant may be | 9 |
| joined as additional defendants at the
time the suit is filed
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| or at any time thereafter prior to execution of judgment for | 11 |
| possession by
filing, with or without prior leave of the court, | 12 |
| an amended complaint and
summons for trial. If the complaint | 13 |
| alleges that the unit is occupied or may
be occupied by persons | 14 |
| other than or in addition to the unit owner of record,
that the | 15 |
| identities of the persons are concealed and unknown, they may | 16 |
| be named
and joined as defendant "Unknown Occupants". Summons | 17 |
| may be served on the
defendant "Unknown Occupants" by the | 18 |
| sheriff or court appointed process server
by leaving a copy at | 19 |
| the unit with any person residing at the unit of the age
of
13 | 20 |
| years or greater, and if the summons is returned without | 21 |
| service stating
that service cannot be obtained, constructive | 22 |
| service may be obtained pursuant
to Section 9-107 of this Code | 23 |
| with notice mailed to "Unknown Occupants" at the
address of the | 24 |
| unit. If prior to execution of judgment for possession the
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| identity of a defendant or defendants served in this manner is | 26 |
| discovered, his
or her name or names
and the record may be |
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| corrected upon hearing pursuant to notice of motion
served upon | 2 |
| the identified defendant or defendants at the unit in the | 3 |
| manner
provided by
court rule for service of notice of motion.
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| If however an action under paragraph (7) was brought
against | 5 |
| the defaulting unit owner only, and after obtaining judgment | 6 |
| for
possession and expiration of the stay on enforcement the | 7 |
| Board of Managers
elects not to accept a tenant or occupant in | 8 |
| possession as its own and to
commence a separate action, | 9 |
| written
notice of the judgment against the unit owner and | 10 |
| demand to quit the premises
shall be served on the tenant or | 11 |
| other occupant in the manner provided under
Section 9-211 at
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| least 10 days prior to bringing suit to recover possession from | 13 |
| the tenant or
other occupant.
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| (b) (Blank). If a judgment for possession is granted to the | 15 |
| Board of Managers under
Section 9-111, any interest of the unit | 16 |
| owner to receive rents under any
lease arrangement shall
be | 17 |
| deemed assigned to the Board of Managers until such time as the | 18 |
| judgment is
vacated.
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| (c) If a judgment for possession is entered, the Board of | 20 |
| Managers may
obtain from the clerk of the court an | 21 |
| informational certificate notifying any
tenants
not parties to | 22 |
| the proceeding of the assignment of the unit owner's interest
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| in the lease arrangement to the Board of Managers
as a result | 24 |
| of the entry of the judgment for possession and stating that
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| any rent hereinafter due the unit owner or his agent under the | 26 |
| lease
arrangement should be paid to the Board of Managers until |
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| further order of
court. If the tenant pays his rent to the | 2 |
| association pursuant to the
entry of such a judgement for | 3 |
| possession, the unit owner may not sue said
tenant for any such | 4 |
| amounts the tenant pays the association.
Upon service of the | 5 |
| certificate on the tenant in the manner provided by
Section | 6 |
| 9-211 of this Code, the tenant shall be obligated to pay the | 7 |
| rent under
the lease arrangement to the Board of Managers as it | 8 |
| becomes due. If the
tenant thereafter fails and refuses to pay | 9 |
| the rent, the Board of Managers may
bring an action for | 10 |
| possession after making a demand for rent in accordance
with | 11 |
| Section 9-209 of this Code.
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| (c-5) In an action against the unit owner and lessee to | 13 |
| evict a lessee for
failure of the lessor/owner of the | 14 |
| condominium unit to comply with the leasing
requirements | 15 |
| prescribed by subsection (n) of Section 18 of the Condominium
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| Property Act or by
the declaration, bylaws, and rules and | 17 |
| regulations of the condominium, or
against a lessee for any | 18 |
| other breach by the lessee of any covenants, rules,
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| regulations, or bylaws of the condominium, the demand shall | 20 |
| give the lessee at
least 10 days to quit and vacate the unit. | 21 |
| The notice shall be substantially
in the following form:
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| "TO A.B. You are hereby notified that in consequence of | 23 |
| (here insert
lessor-owner name) failure to comply with the | 24 |
| leasing requirements prescribed
by Section 18(n) of the | 25 |
| Condominium Property Act or by the declaration, bylaws,
and | 26 |
| rules and regulations of the condominium, or your default |
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| of any covenants,
rules, regulations or bylaws of the | 2 |
| condominium, in (here insert the character
of the default) | 3 |
| of the premises now occupied by you, being (here described | 4 |
| the
premises) the Board of Managers of (here describe the | 5 |
| condominium) Association
elects to terminate your lease, | 6 |
| and you are hereby notified to quit and vacate
same within | 7 |
| 10 days of this date.".
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| The demand shall be signed by the Board of Managers, its | 9 |
| agent, or attorney
and shall be served either personally upon | 10 |
| the lessee with a copy to the unit
owner or by sending the | 11 |
| demand thereof by registered or certified mail with
return | 12 |
| receipt requested to the unit occupied by the lessee and to the | 13 |
| last
known address of the unit owner, and no other demand of | 14 |
| termination of such
tenancy shall be required. To be effective | 15 |
| service under this Section, a
demand sent by certified mail, | 16 |
| return receipt requested, to the unit occupied
by the lessee | 17 |
| and to the last known address of the unit owner need not be
| 18 |
| received by the lessee or condominium unit owner.
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| (d) Nothing in this Section 9-104.2 is intended to confer | 20 |
| upon a Board of
Managers any greater authority with respect to | 21 |
| possession of a unit after a
judgment than was previously | 22 |
| established by this Act.
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| (Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
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| (735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
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| Sec. 9-107. Constructive service. If the plaintiff, his or |
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| her agent,
or attorney files a forcible
detainer action, with | 2 |
| or without joinder of a claim for rent in the
complaint, and is | 3 |
| unable to obtain personal service on the
defendant or unknown | 4 |
| occupant and a summons duly issued in such action is returned
| 5 |
| without service stating that service can not be obtained, then | 6 |
| the
plaintiff, his or her agent or attorney may file an | 7 |
| affidavit stating that the
defendant or unknown occupant is not | 8 |
| a resident of this State, or has departed from this
State, or | 9 |
| on due inquiry cannot be found, or is concealed within this
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| State so that process cannot be served upon him or her, and | 11 |
| also stating the
place of residence of the defendant or unknown | 12 |
| occupant, if known, or if
not known, that
upon diligent inquiry | 13 |
| the affiant has not been able to ascertain the
defendant's or | 14 |
| unknown occupant's place of residence, then in all such
| 15 |
| forcible detainer cases
whether or not a claim for rent is | 16 |
| joined with the complaint for
possession, the defendant or | 17 |
| unknown occupant may be notified by posting
and mailing of
| 18 |
| notices; or by publication and mailing, as provided for in
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| Section 2-206 of this Act. However, in cases where the | 20 |
| defendant or unknown
occupant is notified by
posting and | 21 |
| mailing of notices or by publication and mailing, and the
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| defendant or unknown occupant does not appear generally, the | 23 |
| court may rule
only on the
portion of the complaint which seeks | 24 |
| judgment for possession, and the
court shall not enter judgment | 25 |
| as to any rent claim joined in the
complaint or enter personal | 26 |
| judgment for any amount owed by a unit owner
for his or her |
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| proportionate share of the common expenses, however, an in
rem | 2 |
| judgment may be entered against the unit for the amount of | 3 |
| common expenses
due, any other expenses lawfully agreed upon or | 4 |
| the amount of any unpaid
fine, together with reasonable | 5 |
| attorney fees, if any, and costs . The claim
for rent may remain | 6 |
| pending until such time as the
defendant or unknown occupant | 7 |
| appears generally or is served with summons, but the order for
| 8 |
| possession shall be final, enforceable and appealable if the | 9 |
| court makes
an express written finding that there is no just | 10 |
| reason for delaying
enforcement or appeal, as provided by | 11 |
| Supreme Court rule of this State.
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| Such notice shall be in the name of the clerk of the court, | 13 |
| be
directed to the defendant or unknown occupant, shall state | 14 |
| the nature of the cause against
the defendant or unknown | 15 |
| occupant and at whose instance issued and the time and place | 16 |
| for
trial, and shall also state that unless the defendant or | 17 |
| unknown occupant appears at the
time and place fixed for trial, | 18 |
| judgment will be entered by default, and
shall specify the | 19 |
| character
of the judgment that will be entered in such cause. | 20 |
| The sheriff shall
post 3 copies of the notice in 3 public | 21 |
| places in the neighborhood of
the court where the cause is to | 22 |
| be tried, at least 10 days prior to the
day set for the | 23 |
| appearance, and, if the place of residence of the
defendant or | 24 |
| unknown occupant is stated in any affidavit on file, shall at | 25 |
| the
same time
mail one copy of the notice addressed to such | 26 |
| defendant or unknown occupant at
such place of
residence shown |
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| in such affidavit. On or before the day set for the
appearance, | 2 |
| the sheriff shall file the notice with an endorsement thereon
| 3 |
| stating the time when and places where the sheriff posted and | 4 |
| to whom and
at what address he or she mailed copies as required | 5 |
| by this Section. For want
of sufficient notice any cause may be | 6 |
| continued from time to time until
the court has jurisdiction of | 7 |
| the defendant or unknown occupant.
| 8 |
| (Source: P.A. 92-823, eff. 8-21-02.)
| 9 |
| (735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
| 10 |
| Sec. 9-117. Expiration of Judgment. No judgment for | 11 |
| possession
obtained in an action brought under this Article may | 12 |
| be enforced more than
90 days after judgment is entered, unless | 13 |
| upon motion by the plaintiff
the court grants an extension of | 14 |
| the period of enforcement of the judgment.
Plaintiff's notice | 15 |
| of motion shall contain the following notice directed
to the | 16 |
| defendant:
| 17 |
| "Your landlord, (insert name), obtained an eviction | 18 |
| judgment against
you on (insert date), but the sheriff did | 19 |
| not evict you within the 90 days
that the landlord has to | 20 |
| evict after a judgment in court. On the date
stated in this | 21 |
| notice, your landlord will be asking the court to allow the
| 22 |
| sheriff to evict you based on that judgment. You must | 23 |
| attend the court
hearing if you want the court to stop the | 24 |
| landlord from having you evicted.
To prevent the eviction, | 25 |
| you must be able to prove that (1) the landlord
and you |
|
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| 1 |
| made an agreement after the judgment (for instance, to pay | 2 |
| up back
rent or to comply with the lease) and you have | 3 |
| lived up to the agreement;
or (2) the reason the landlord | 4 |
| brought the original eviction case has been
resolved or | 5 |
| forgiven, and the eviction the landlord now wants the court | 6 |
| to
grant is based on a new or different reason; or (3) that | 7 |
| you have another
legal or equitable reason why the court | 8 |
| should not grant the landlord's
request for your eviction."
| 9 |
| The court shall grant the motion for the extension of the | 10 |
| judgment of
possession unless the defendant establishes that | 11 |
| the tenancy has been
reinstated, that the breach upon which the | 12 |
| judgment was issued has
been cured or waived, that the | 13 |
| plaintiff and defendant entered into a
post-judgment agreement | 14 |
| whose terms the defendant has performed, or that
other legal or | 15 |
| equitable grounds exist that bar enforcement of the judgment.
| 16 |
| This Section does not apply to any action based upon a breach | 17 |
| of a contract
entered into on or after July 1, 1962, for the | 18 |
| purchase of premises in
which the court has entered a stay | 19 |
| under Section 9-110; nor shall this
Section apply to any action | 20 |
| to which the provisions of Section 9-111 apply;
nor shall this | 21 |
| Section affect the rights of Boards of Managers under
Section | 22 |
| 9-104.2.
| 23 |
| (Source: P.A. 86-1280.)
| 24 |
| Section 15. The Condominium Property Act is amended by | 25 |
| changing Section 9.2 as follows:
|
|
|
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LRB095 14028 WGH 40227 b |
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| 1 |
| (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
| 2 |
| Sec. 9.2. Other remedies.
| 3 |
| (a) In the event of any default by any unit owner,
his | 4 |
| tenant, invitee or guest in the performance of his obligations | 5 |
| under this
Act or under the declaration, bylaws, or the rules | 6 |
| and regulations of the board
of managers, the board of managers | 7 |
| or its agents shall have such rights and
remedies as provided | 8 |
| in the Act or condominium instruments including the right
to | 9 |
| maintain an action for possession against such defaulting unit | 10 |
| owner or his
tenant for the benefit of all the other unit | 11 |
| owners , but only to the extent permitted by, and in the manner | 12 |
| prescribed by ,
Article IX of the Code of Civil Procedure.
| 13 |
| (b) Any attorneys' fees incurred by the Association arising | 14 |
| out of a
default by any unit owner, his tenant, invitee or | 15 |
| guest in the performance of
any of the provisions of the | 16 |
| condominium instruments, rules and regulations or
any | 17 |
| applicable statute or ordinance shall be added to, and deemed a | 18 |
| part of,
his respective share of the common expense.
| 19 |
| (c) Other than attorney's fees, no fees pertaining to the | 20 |
| collection of a unit owner's financial obligation to the | 21 |
| Association, including fees charged by a manager or managing | 22 |
| agent, shall be added to and deemed a part of an owner's | 23 |
| respective share of the common expenses unless: (i) the | 24 |
| managing agent fees relate to the costs to collect common | 25 |
| expenses for the Association; (ii) the fees are set forth in a |
|
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| 1 |
| contract between the managing agent and the Association; and | 2 |
| (iii) the authority to add the management fees to an owner's | 3 |
| respective share of the common expenses is specifically stated | 4 |
| in the declaration or bylaws of the Association.
| 5 |
| (d) Nothing in subsection (a), (b), or (c) shall be | 6 |
| construed to give the board of managers or its agents the right | 7 |
| to commence an action under the repealed Section 9-111 or | 8 |
| 9-111.1 of the Code of Civil Procedure. | 9 |
| (Source: P.A. 94-384, eff. 1-1-06.)
|
|