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Public Act 92-0540
HB4014 Enrolled LRB9212715WHcsA
AN ACT concerning civil procedure.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 9-111 and 12-903 as follows:
(735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
Sec. 9-111. Condominium property.
(a) As to property subject to the provisions of the
"Condominium Property Act", approved June 20, 1963, as
amended, when the action is based upon the failure of an
owner of a unit therein to pay when due his or her
proportionate share of the common expenses of the property,
or of any other expenses lawfully agreed upon or the amount
of any unpaid fine, and if the court finds that the expenses
or fines are due to the plaintiff, the plaintiff shall be
entitled to the possession of the whole of the premises
claimed, and judgment in favor of the plaintiff shall be
entered for the possession thereof and for the amount found
due by the court including interest and late charges, if any,
together with reasonable attorney's fees, if any, and for the
plaintiff's costs. The awarding of reasonable attorney's fees
shall be pursuant to the standards set forth in subsection
(b) of this Section 9-111. The court shall, by order, stay
the enforcement of the judgment for possession for a period
of not less than 60 days from the date of the judgment and
may stay the enforcement of the judgment for a period not to
exceed 180 days from such date. Any judgment for money or
any rent assignment under subsection (b) of Section 9-104.2
is not subject to this stay. The judgment for possession is
not subject to an exemption of homestead under Part 9 of
Article XII of this Code. If at any time, either during or
after the period of stay, the defendant pays such expenses
found due by the court, and costs, and reasonable attorney's
fees as fixed by the court, and the defendant is not in
arrears on his or her share of the common expenses for the
period subsequent to that covered by the judgment, the
defendant may file a motion to vacate the judgment in the
court in which the judgment was entered, and, if the court,
upon the hearing of such motion, is satisfied that the
default in payment of the proportionate share of expenses has
been cured, and if the court finds that the premises are not
presently let by the board of managers as provided in Section
9-111.1 of this Act, the judgment shall be vacated. If the
premises are being let by the board of managers as provided
in Section 9-111.1 of this Act, when any judgment is sought
to be vacated, the court shall vacate the judgment effective
concurrent with the expiration of the lease term. Unless
defendant files such motion to vacate in the court or the
judgment is otherwise stayed, enforcement of the judgment may
proceed immediately upon the expiration of the period of stay
and all rights of the defendant to possession of his or her
unit shall cease and determine until the date that the
judgment may thereafter be vacated in accordance with the
foregoing provisions, and notwithstanding payment of the
amount of any money judgment if the unit owner or occupant is
in arrears for the period after the date of entry of the
judgment as provided in this Section. Nothing herein
contained shall be construed as affecting the right of the
board of managers, or its agents, to any lawful remedy or
relief other than that provided by Part 1 of Article IX of
this Act.
This amendatory Act of the 92nd General Assembly is
intended as a clarification of existing law and not as a new
enactment.
(b) For purposes of determining reasonable attorney's
fees under subsection (a), the court shall consider:
(i) the time expended by the attorney;
(ii) the reasonableness of the hourly rate for the
work performed;
(iii) the reasonableness of the amount of time
expended for the work performed; and
(iv) the amount in controversy and the nature of
the action.
(Source: P.A. 91-196, eff. 7-20-99.)
(735 ILCS 5/12-903) (from Ch. 110, par. 12-903)
Sec. 12-903. Extent of exemption. No property shall, by
virtue of Part 9 of Article XII of this Act, be exempt from
sale for nonpayment of taxes or assessments, or for a debt or
liability incurred for the purchase or improvement thereof,
or for enforcement of a lien thereon for nonpayment of common
expenses pursuant to paragraph (g)(1) of Section 9 of the
"Condominium Property Act", approved June 20, 1963, as
amended, or be exempt from enforcement of a judgment for
possession pursuant to paragraph (a)(7) or (a)(8) of Section
9-102 of this Code.
This amendatory Act of the 92nd General Assembly is
intended as a clarification of existing law and not as a new
enactment.
(Source: P.A. 83-707.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 08, 2002.
Approved June 12, 2002.
Effective June 12, 2002.
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