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(765 ILCS 605/9.2)
(from Ch. 30, par. 309.2)
(a) In the event of any default by any unit owner,
his tenant, invitee or guest in the performance of his obligations under this
Act or under the declaration, bylaws, or the rules and regulations of the board
of managers, the board of managers or its agents shall have such rights and
remedies as provided in the Act or condominium instruments including the right
to maintain an action for possession against such defaulting unit owner or his
tenant for the benefit of all the other unit owners in the manner prescribed by
Article IX of the Code of Civil Procedure.
(b) Any attorneys' fees incurred by the Association arising out of a
default by any unit owner, his tenant, invitee or guest in the performance of
any of the provisions of the condominium instruments, rules and regulations or
any applicable statute or ordinance shall be added to, and deemed a part of,
his respective share of the common expense.
(c) Other than attorney's fees, no fees pertaining to the collection of a unit owner's financial obligation to the Association, including fees charged by a manager or managing agent, shall be added to and deemed a part of an owner's respective share of the common expenses unless: (i) the managing agent fees relate to the costs to collect common expenses for the Association; (ii) the fees are set forth in a contract between the managing agent and the Association; and (iii) the authority to add the management fees to an owner's respective share of the common expenses is specifically stated in the declaration or bylaws of the Association.
(Source: P.A. 94-384, eff. 1-1-06.)