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Full Text of HB2667  100th General Assembly

HB2667 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2667

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-102  from Ch. 110, par. 9-102
735 ILCS 5/9-104.3  from Ch. 110, par. 9-104.3

    Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that when property is part of a master association or a common interest community association (instead of "subject to the provisions of a declaration establishing a common interest community and requiring the unit owner to pay regular or special assessments for the maintenance or repair of common areas owned in common by all of the owners of the common interest community or by the community association and maintained for the use of the unit owners or of any other expenses of the association lawfully agreed upon") and other specific conditions are met, the board may bring a forcible entry and detainer action. Provides that provisions governing actions to collect common expenses apply to any common interest community association that is subject to the Common Interest Community Association Act. Deletes language providing that the provisions do not apply to any common interest community unless specified conditions are met. Provides that "common interest community" and "common interest community association" have the meanings provided in the Common Interest Community Association Act. Makes other changes.


LRB100 08827 HEP 18968 b

 

 

A BILL FOR

 

HB2667LRB100 08827 HEP 18968 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 9-102 and 9-104.3 as follows:
 
6    (735 ILCS 5/9-102)  (from Ch. 110, par. 9-102)
7    Sec. 9-102. When action may be maintained.
8    (a) The person entitled to the possession of lands or
9tenements may be restored thereto under any of the following
10circumstances:
11        (1) When a forcible entry is made thereon.
12        (2) When a peaceable entry is made and the possession
13    unlawfully withheld.
14        (3) When entry is made into vacant or unoccupied lands
15    or tenements without right or title.
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 or
20    otherwise.
21        (5) When a vendee having obtained possession under a
22    written or verbal agreement to purchase lands or tenements,
23    and having failed to comply with the agreement, withholds

 

 

HB2667- 2 -LRB100 08827 HEP 18968 b

1    possession thereof, after demand in writing by the person
2    entitled to such possession; provided, however, that any
3    such agreement for residential real estate as defined in
4    the Illinois Mortgage Foreclosure Law entered into on or
5    after July 1, 1987 where the purchase price is to be paid
6    in installments over a period in excess of 5 years and the
7    amount unpaid under the terms of the contract at the time
8    of the filing of a foreclosure complaint under Article XV,
9    including principal and due and unpaid interest, is less
10    than 80% of the original purchase price shall be foreclosed
11    under the Illinois Mortgage Foreclosure Law.
12        This amendatory Act of 1993 is declarative of existing
13    law.
14        (6) When lands or tenements have been conveyed by any
15    grantor in possession, or sold under the order or judgment
16    of any court in this State, or by virtue of any sale in any
17    mortgage or deed of trust contained and the grantor in
18    possession or party to such order or judgment or to such
19    mortgage or deed of trust, after the expiration of the time
20    of redemption, when redemption is allowed by law, refuses
21    or neglects to surrender possession thereof, after demand
22    in writing by the person entitled thereto, or his or her
23    agent.
24        (7) When any property is subject to the provisions of
25    the Condominium Property Act, the owner of a unit fails or
26    refuses to pay when due his or her proportionate share of

 

 

HB2667- 3 -LRB100 08827 HEP 18968 b

1    the common expenses of such property, or of any other
2    expenses lawfully agreed upon or any unpaid fine, the Board
3    of Managers or its agents have served the demand set forth
4    in Section 9-104.1 of this Article in the manner provided
5    for in that Section and the unit owner has failed to pay
6    the amount claimed within the time prescribed in the
7    demand; or if the lessor-owner of a unit fails to comply
8    with the leasing requirements prescribed by subsection (n)
9    of Section 18 of the Condominium Property Act or by the
10    declaration, by-laws, and rules and regulations of the
11    condominium, or if a lessee of an owner is in breach of any
12    covenants, rules, regulations, or by-laws of the
13    condominium, and the Board of Managers or its agents have
14    served the demand set forth in Section 9-104.2 of this
15    Article in the manner provided in that Section.
16        (8) When any property is part of a master association,
17    as that term is defined in Section 2 of the Condominium
18    Property Act, or a common interest community association,
19    subject to the provisions of a declaration establishing a
20    common interest community and requiring the unit owner to
21    pay regular or special assessments for the maintenance or
22    repair of common areas owned in common by all of the owners
23    of the common interest community or by the community
24    association and maintained for the use of the unit owners
25    or of any other expenses of the association lawfully agreed
26    upon, and the unit owner fails or refuses to pay when due

 

 

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1    the unit owner's proportionate share of the assessments on
2    the property, any other expenses of the association
3    lawfully agreed upon, or any fine, his or her proportionate
4    share of such assessments or expenses and the board or its
5    agents have served the demand set forth in Section 9-104.1
6    of this Article in the manner provided for in that Section
7    and the unit owner has failed to pay the amount claimed
8    within the time prescribed in the demand.
9    (b) The provisions of paragraph (8) of subsection (a) of
10this Section 9-102 and Section 9-104.3 of this Act shall not
11apply to any common interest community association that is
12subject to the Common Interest Community Association Act unless
13(1) the association is a not-for-profit corporation or a
14limited liability company, (2) unit owners are authorized to
15attend meetings of the board of directors or board of managers
16of the association in the same manner as provided for
17condominiums under the Condominium Property Act, and (3) the
18board of managers or board of directors of the common interest
19community association has, subsequent to the effective date of
20this amendatory Act of 1984 voted to have the provisions of
21this Article apply to such association and has delivered or
22mailed notice of such action to the unit owners or unless the
23declaration of the association is recorded after the effective
24date of this amendatory Act of 1985.
25    (c) For purposes of this Article:
26        (1) "Common interest community" has the meaning

 

 

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1    provided in Section 1-5 of the Common Interest Community
2    Association Act means real estate other than a condominium
3    or cooperative with respect to which any person by virtue
4    of his or her ownership of a partial interest or unit
5    therein is obligated to pay for maintenance, improvement,
6    insurance premiums, or real estate taxes of other real
7    estate described in a declaration which is administered by
8    an association.
9        (1.5) "Common interest community association" has the
10    meaning provided in Section 1-5 of the Common Interest
11    Community Association Act.
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.
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.
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.
23    (d) If the board of a common interest community elects to
24have the provisions of this Article apply to such association
25or the declaration of the association is recorded after the
26effective date of this amendatory Act of 1985, the provisions

 

 

HB2667- 6 -LRB100 08827 HEP 18968 b

1of subsections (c) through (h) of Section 18.5 of the
2Condominium Property Act applicable to a Master Association and
3condominium unit subject to such association under subsections
4(c) through (h) of Section 18.5 shall be applicable to the
5community associations and to its unit owners.
6(Source: P.A. 99-41, eff. 7-14-15.)
 
7    (735 ILCS 5/9-104.3)  (from Ch. 110, par. 9-104.3)
8    Sec. 9-104.3. Applicability of Article. This Article
9applies to master associations and all common interest
10community associations that are subject to the Common Interest
11Community Association Act. A master association or common
12interest community association All common interest community
13associations electing pursuant to paragraph (8) of subsection
14(a) of Section 9-102 to have this Article made applicable to
15such association shall follow the same procedures and have the
16same rights and responsibilities as condominium associations
17under this Article.
18(Source: P.A. 84-1308.)