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92_HB4014eng HB4014 Engrossed LRB9212715WHcsA 1 AN ACT concerning civil procedure. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Civil Procedure is amended by 5 changing Sections 9-111 and 12-903 as follows: 6 (735 ILCS 5/9-111) (from Ch. 110, par. 9-111) 7 Sec. 9-111. Condominium property. 8 (a) As to property subject to the provisions of the 9 "Condominium Property Act", approved June 20, 1963, as 10 amended, when the action is based upon the failure of an 11 owner of a unit therein to pay when due his or her 12 proportionate share of the common expenses of the property, 13 or of any other expenses lawfully agreed upon or the amount 14 of any unpaid fine, and if the court finds that the expenses 15 or fines are due to the plaintiff, the plaintiff shall be 16 entitled to the possession of the whole of the premises 17 claimed, and judgment in favor of the plaintiff shall be 18 entered for the possession thereof and for the amount found 19 due by the court including interest and late charges, if any, 20 together with reasonable attorney's fees, if any, and for the 21 plaintiff's costs. The awarding of reasonable attorney's fees 22 shall be pursuant to the standards set forth in subsection 23 (b) of this Section 9-111. The court shall, by order, stay 24 the enforcement of the judgment for possession for a period 25 of not less than 60 days from the date of the judgment and 26 may stay the enforcement of the judgment for a period not to 27 exceed 180 days from such date. Any judgment for money or 28 any rent assignment under subsection (b) of Section 9-104.2 29 is not subject to this stay. The judgment for possession is 30 not subject to an exemption of homestead under Part 9 of 31 Article XII of this Code. If at any time, either during or HB4014 Engrossed -2- LRB9212715WHcsA 1 after the period of stay, the defendant pays such expenses 2 found due by the court, and costs, and reasonable attorney's 3 fees as fixed by the court, and the defendant is not in 4 arrears on his or her share of the common expenses for the 5 period subsequent to that covered by the judgment, the 6 defendant may file a motion to vacate the judgment in the 7 court in which the judgment was entered, and, if the court, 8 upon the hearing of such motion, is satisfied that the 9 default in payment of the proportionate share of expenses has 10 been cured, and if the court finds that the premises are not 11 presently let by the board of managers as provided in Section 12 9-111.1 of this Act, the judgment shall be vacated. If the 13 premises are being let by the board of managers as provided 14 in Section 9-111.1 of this Act, when any judgment is sought 15 to be vacated, the court shall vacate the judgment effective 16 concurrent with the expiration of the lease term. Unless 17 defendant files such motion to vacate in the court or the 18 judgment is otherwise stayed, enforcement of the judgment may 19 proceed immediately upon the expiration of the period of stay 20 and all rights of the defendant to possession of his or her 21 unit shall cease and determine until the date that the 22 judgment may thereafter be vacated in accordance with the 23 foregoing provisions, and notwithstanding payment of the 24 amount of any money judgment if the unit owner or occupant is 25 in arrears for the period after the date of entry of the 26 judgment as provided in this Section. Nothing herein 27 contained shall be construed as affecting the right of the 28 board of managers, or its agents, to any lawful remedy or 29 relief other than that provided by Part 1 of Article IX of 30 this Act. 31 This amendatory Act of the 92nd General Assembly is 32 intended as a clarification of existing law and not as a new 33 enactment. 34 (b) For purposes of determining reasonable attorney's HB4014 Engrossed -3- LRB9212715WHcsA 1 fees under subsection (a), the court shall consider: 2 (i) the time expended by the attorney; 3 (ii) the reasonableness of the hourly rate for the 4 work performed; 5 (iii) the reasonableness of the amount of time 6 expended for the work performed; and 7 (iv) the amount in controversy and the nature of 8 the action. 9 (Source: P.A. 91-196, eff. 7-20-99.) 10 (735 ILCS 5/12-903) (from Ch. 110, par. 12-903) 11 Sec. 12-903. Extent of exemption. No property shall, by 12 virtue of Part 9 of Article XII of this Act, be exempt from 13 sale for nonpayment of taxes or assessments, or for a debt or 14 liability incurred for the purchase or improvement thereof, 15 or for enforcement of a lien thereonfor nonpayment of common16expensespursuant to paragraph (g)(1) of Section 9 of the 17 "Condominium Property Act", approved June 20, 1963, as 18 amended, or be exempt from enforcement of a judgment for 19 possession pursuant to paragraph (a)(7) or (a)(8) of Section 20 9-102 of this Code. 21 This amendatory Act of the 92nd General Assembly is 22 intended as a clarification of existing law and not as a new 23 enactment. 24 (Source: P.A. 83-707.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.