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90_SB0408enr
765 ILCS 125/1 from Ch. 30, par. 1051
Amends provisions of the Entry on Adjoining Land to
Accomplish Repairs Act authorizing an action by the owner of
a single family residence to compel the owner of adjoining
land to permit entry to accomplish repairs to the residence.
Provides that "single family residence" includes real estate
that has been submitted to the Condominium Property Act and
contains units used as single family residences.
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1 AN ACT concerning property, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Code of Civil Procedure is amended by
5 changing Sections 9-104.1 and 9-104.2 as follows:
6 (735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
7 Sec. 9-104.1. Demand; Notice; Return; Condominium and
8 Contract Purchasers.
9 (a) In case there is a contract for the purchase of such
10 lands or tenements or in case of condominium property, the
11 demand shall give the purchaser under such contract, or to
12 the condominium unit owner, as the case may be, at least 30
13 days to satisfy the terms of the demand before an action is
14 filed. In case of a condominium unit, the demand shall set
15 forth the amount claimed which must be paid within the time
16 prescribed in the demand and the time period or periods when
17 the amounts were originally due, unless the demand is for
18 compliance with Section 18(n) of the Condominium Property
19 Act, in which case the demand shall set forth the nature of
20 the lease and memorandum of lease or the leasing requirement
21 not satisfied. The amount claimed shall include regular or
22 special assessments, late charges or interest for delinquent
23 assessments, and attorneys' fees claimed for services
24 incurred prior to the demand. Attorneys' fees claimed by
25 condominium associations in the demand shall be subject to
26 review by the courts in any forcible entry and detainer
27 proceeding under subsection (b) of Section 9-111 of this Act.
28 The demand shall be signed by the person claiming such
29 possession, his or her agent, or attorney.
30 (b) In the case of a condominium unit, the demand is not
31 invalidated by partial payment of amounts due if the payments
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1 do not, at the end of the notice period, total the amounts
2 demanded in the notice for common expenses, unpaid fines,
3 interest, late charges, reasonable attorney fees incurred
4 prior to the initiation of any court action and costs of
5 collection. The person claiming possession, or his or her
6 agent or attorney, may, however, agree in writing to withdraw
7 the demand in exchange for receiving partial payment. To
8 prevent invalidation, the notice must prominently state:
9 "Only FULL PAYMENT of all amounts demanded in this notice
10 will invalidate the demand, unless the person claiming
11 possession, or his or her agent or attorney, agrees in
12 writing to withdraw the demand in exchange for receiving
13 partial payment."
14 (c) The demand set forth in subsection (a) of this
15 Section shall be served either personally upon such purchaser
16 or condominium unit owner or by sending the demand thereof by
17 registered or certified mail with return receipt requested to
18 the last known address of such purchaser or condominium unit
19 owner or in case no one is in the actual possession of the
20 premises, then by posting the same on the premises. When such
21 demand is made by an officer authorized to serve process, his
22 or her return is prima facie evidence of the facts therein
23 stated and if such demand is made by any person not an
24 officer, the return may be sworn to by the person serving the
25 same, and is then prima facie evidence of the facts therein
26 stated. To be effective service under this Section, a demand
27 sent by certified or registered mail to the last known
28 address need not be received by the purchaser or condominium
29 unit owner. No other demand shall be required as a
30 prerequisite to filing an action under paragraph (7) of
31 subsection (a) of Section 9-102 of this Act. Service of the
32 demand by registered or certified mail shall be deemed
33 effective upon deposit in the United States mail with proper
34 postage prepaid and addressed as provided in this subsection.
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1 (Source: P.A. 86-1156; 87-746.)
2 (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
3 Sec. 9-104.2. Demand - Notice - Termination of Lease and
4 Possession of a Condominium.
5 (a) Unless the Board of Managers is seeking to terminate
6 the right of possession of a tenant or other occupant of a
7 unit under an existing lease or other arrangement with
8 between a tenant and the owner of a unit, no demand nor
9 summons need be served upon the tenant or other occupant in
10 connection with an action brought under paragraph (7) of
11 subsection (a) of Section 9-102 of this Article.
12 (a-5) The Board of Managers may seek to terminate the
13 right of possession of a tenant or other occupant of a unit
14 under an existing lease or other arrangement between the
15 tenant or other occupant and the defaulting owner of a unit,
16 either within the same action against the unit owner under
17 paragraph (7) of subsection (a) of Section 9-102 of this
18 Article or independently thereafter under other paragraphs of
19 that subsection. If within the same action under paragraph
20 (7), the tenant or other occupant shall also be served with
21 30 days prior written notice and subsequent summons in the
22 same manner and substantially the same form as the unit owner
23 as provided in this Article. If however an action under
24 paragraph (7) was brought against the defaulting unit owner
25 only, and after obtaining judgment for possession and
26 expiration of the stay on enforcement the Board of Managers
27 elects not to accept a tenant or occupant in possession as
28 its own, written notice of the judgment against the unit
29 owner and demand to quit the premises shall be served on the
30 tenant or other occupant in the manner provided under Section
31 9-211 at least 10 days prior to bringing suit to recover
32 possession from the tenant or other occupant.
33 (b) If a judgment for possession is granted to the Board
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1 of Managers under Section 9-111, any interest of the unit
2 owner to receive rents under any lease arrangement shall be
3 deemed assigned to the Board of Managers until such time as
4 the judgment is vacated.
5 (c) If a judgment for possession is entered, the Board
6 of Managers may obtain from the clerk of the court an
7 informational certificate notifying any tenants not parties
8 to the proceeding of the assignment of the unit owner's
9 interest in the lease arrangement to the Board of Managers as
10 a result of the entry of the judgment for possession and
11 stating that any rent hereinafter due the unit owner or his
12 agent under the lease arrangement should be paid to the Board
13 of Managers until further order of court. If the tenant pays
14 his rent to the association pursuant to the entry of such a
15 judgement for possession, the unit owner may not sue said
16 tenant for any such amounts the tenant pays the association.
17 (c-5) In an action against the unit owner and lessee to
18 evict a lessee for failure of the lessor/owner of the
19 condominium unit to comply with the leasing requirements
20 prescribed by subsection (n) of Section 18 of the Condominium
21 Property Act or by the declaration, bylaws, and rules and
22 regulations of the condominium, or against a lessee for any
23 other breach by the lessee of any covenants, rules,
24 regulations, or bylaws of the condominium, the demand shall
25 give the lessee at least 10 days to quit and vacate the unit.
26 The notice shall be substantially in the following form:
27 "TO A.B. You are hereby notified that in
28 consequence of (here insert lessor-owner name) failure to
29 comply with the leasing requirements prescribed by
30 Section 18(n) of the Condominium Property Act or by the
31 declaration, bylaws, and rules and regulations of the
32 condominium, or your default of any covenants, rules,
33 regulations or bylaws of the condominium, in (here insert
34 the character of the default) of the premises now
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1 occupied by you, being (here described the premises) the
2 Board of Managers of (here describe the condominium)
3 Association elects to terminate your lease, and you are
4 hereby notified to quit and vacate same within 10 days of
5 this date.".
6 The demand shall be signed by the Board of Managers, its
7 agent, or attorney and shall be served either personally upon
8 the lessee with a copy to the unit owner or by sending the
9 demand thereof by registered or certified mail with return
10 receipt requested to the unit occupied by the lessee and to
11 the last known address of the unit owner, and no other demand
12 of termination of such tenancy shall be required. To be
13 effective service under this Section, a demand sent by
14 certified mail, return receipt requested, to the unit
15 occupied by the lessee and to the last known address of the
16 unit owner need not be received by the lessee or condominium
17 unit owner.
18 (d) Nothing in this Section 9-104.2 is intended to
19 confer upon a Board of Managers any greater authority with
20 respect to possession of a unit after a judgment than was
21 previously established by this Act.
22 (Source: P.A. 89-41, eff. 6-23-95.)
23 Section 5. The Entry on Adjoining Land to Accomplish
24 Repairs Act is amended by changing Section 1 as follows:
25 (765 ILCS 125/1) (from Ch. 30, par. 1051)
26 Sec. 1. If repair and maintenance of a single family
27 residence existing on the date this Act takes effect cannot
28 be reasonably accomplished without entering onto the
29 adjoining land, and if the owner of the adjoining land
30 refuses to permit entry onto that adjoining land for the
31 purpose of repair and maintenance of the single family
32 residence, then the owner of the single family residence may
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1 bring an action in the circuit court to compel the owner of
2 the adjoining land to permit entry for the purpose of repair
3 and maintenance. The court shall prescribe the conditions of
4 the entry and shall determine the amount of damages to be
5 paid to the owner of the adjoining land. The court may
6 require the owner of the single family residence to give bond
7 to the owner of the adjoining land to secure performance and
8 payment. As used in this Act, "single family residence"
9 includes real estate submitted to the provisions of the
10 Condominium Property Act and containing units used as single
11 family residences.
12 (Source: P.A. 86-561.)
13 Section 10. The Condominium Property Act is amended by
14 changing Section 19 as follows:
15 (765 ILCS 605/19) (from Ch. 30, par. 319)
16 Sec. 19. Records of the association; availability for
17 examination.
18 (a) The board of managers of every association shall
19 keep and maintain the following records, or true and complete
20 copies of these records, at the association's principal
21 office:
22 (1) the association's declaration, bylaws, and
23 plats of survey, and all amendments of these;
24 (2) the rules and regulations of the association,
25 if any;
26 (3) if the association is incorporated as a
27 corporation, the articles of incorporation of the
28 association and all amendments to the articles of
29 incorporation;
30 (4) minutes of all meetings of the association and
31 its board of managers for the immediately preceding 7
32 years;
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1 (5) all current policies of insurance of the
2 association;
3 (6) all contracts, leases, and other agreements
4 then in effect to which the association is a party or
5 under which the association or the unit owners have
6 obligations or liabilities;
7 (7) a current listing of the names, addresses, and
8 weighted vote of all members entitled to vote;
9 (8) ballots and proxies related to ballots for all
10 matters voted on by the members of the association during
11 the immediately preceding 12 months, including but not
12 limited to the election of members of the board of
13 managers; and
14 (9) the books and records of account for the
15 association's current and 10 immediately preceding fiscal
16 years, including but not limited to itemized and detailed
17 records of all receipts and expenditures. shall maintain
18 the following records of the association available for
19 examination and copying at convenient hours of weekdays
20 by the unit owners or their mortgagees and their duly
21 authorized agents or attorneys.
22 (1) Copies of the recorded Declaration, By-Laws,
23 other condominium instruments and any amendments,
24 Articles of Incorporation of the association, annual
25 reports and any rules and regulations adopted by the
26 association or its Board of Managers shall be available.
27 Prior to the organization of the association, the
28 developer shall maintain and make available the records
29 set forth in this subsection (a) for examination and
30 copying.
31 (2) Detailed accurate records in chronological
32 order of the receipts and expenditures affecting the
33 common elements, specifying and itemizing the maintenance
34 and repair expenses of the common elements and any other
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1 expenses incurred, and copies of all contracts, leases,
2 or other agreements entered into by the association shall
3 be maintained.
4 (3) The minutes of all meetings of the association
5 and the Board of Managers shall be maintained. The
6 association shall maintain these minutes for a period of
7 not less than 7 years.
8 (4) Ballots and proxies related thereto for all
9 elections to the Board of Managers and for any other
10 matters voted on by the unit owners shall be maintained
11 for a period of not less than 1 year; provided that for
12 associations that adopt the secret ballot election
13 process under Section 18 of this Act, unless directed by
14 court order, only the voting ballot excluding a unit
15 number shall be subject to inspection and copying.
16 (5) Such other records of the association as are
17 available for inspection by members of a not-for-profit
18 corporation pursuant to Section 107.75 of the General Not
19 For Profit Corporation Act of 1986 shall be maintained.
20 (6) With respect to units owned by a land trust, if
21 a trustee designates, in writing, a person to cast votes
22 on behalf of the unit owner, that designation shall
23 remain in effect until a subsequent document is filed
24 with the association.
25 (b) Any member of an association shall have the right to
26 inspect, examine, and make copies of the records described in
27 subdivisions (1), (2), (3), (4), and (5) of subsection (a) of
28 this Section, in person or by agent, at any reasonable time
29 or times, at the association's principal office. In order to
30 exercise this right, a member must submit a written request
31 to the association's board of managers or its authorized
32 agent, stating with particularity the records sought to be
33 examined. Failure of an association's board of managers to
34 make available all records so requested within 30 days of
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1 receipt of the member's written request shall be deemed a
2 denial.
3 Any member who prevails in an enforcement action to
4 compel examination of records described in subdivisions (1),
5 (2), (3), (4), and (5) of subsection (a) of this Section
6 shall be entitled to recover reasonable attorney's fees and
7 costs from the association. Where a request for records under
8 this Section is made in writing to the board of managers or
9 its agent, failure to provide the requested record or to
10 respond within 30 days shall be deemed a denial by the board
11 of managers.
12 (c) (Blank). A reasonable fee may be charged by the
13 association or its Board of Managers for the actual cost of
14 copying.
15 (d) (Blank). If the board of managers fails to provide
16 records properly requested under subsection (a) within the
17 time period provided in subsection (b), the unit owner may
18 seek the appropriate relief including an award of attorney's
19 fees and costs.
20 (e) Except as otherwise provided in subsection (f) of
21 this Section, any member of an association shall have the
22 right to inspect, examine, and make copies of the records
23 described in subdivisions (6), (7), (8), and (9) of
24 subsection (a) of this Section, in person or by agent, at any
25 reasonable time or times but only for a proper purpose, at
26 the association's principal office. In order to exercise
27 this right, a member must submit a written request, to the
28 association's board of managers or its authorized agent,
29 stating with particularity the records sought to be examined
30 and a proper purpose for the request. Subject to the
31 provisions of subsection (f) of this Section, failure of an
32 association's board of managers to make available all records
33 so requested within 30 business days of receipt of the
34 member's written request shall be deemed a denial; provided,
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1 however, that the board of managers of an association that
2 has adopted a secret ballot election process as provided in
3 Section 18 of this Act shall not be deemed to have denied a
4 member's request for records described in subdivision (8) of
5 subsection (a) of this Section if voting ballots, without
6 identifying unit numbers, are made available to the
7 requesting member within 30 days of receipt of the member's
8 written request.
9 In an action to compel examination of records described
10 in subdivisions (6), (7), (8), and (9) of subsection (a) of
11 this Section, the burden of proof is upon the member to
12 establish that the member's request is based on a proper
13 purpose. Any member who prevails in an enforcement action to
14 compel examination of records described in subdivisions (6),
15 (7), (8), and (9) of subsection (a) of this Section shall be
16 entitled to recover reasonable attorney's fees and costs from
17 the association only if the court finds that the board of
18 directors acted in bad faith in denying the member's request.
19 (f) The actual cost to the association of retrieving and
20 making requested records available for inspection and
21 examination under this Section shall be charged by the
22 association to the requesting member. If a member requests
23 copies of records requested under this Section, the actual
24 costs to the association of reproducing the records shall
25 also be charged by the association to the requesting member.
26 (g) Notwithstanding the provisions of subsection (e) of
27 this Section, unless otherwise directed by court order, an
28 association need not make the following records available for
29 inspection, examination, or copying by its members:
30 (1) documents relating to appointment, employment,
31 discipline, or dismissal of association employees;
32 (2) documents relating to actions pending against
33 or on behalf of the association or its board of managers
34 in a court or administrative tribunal;
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1 (3) documents relating to actions threatened
2 against, or likely to be asserted on behalf of, the
3 association or its board of managers in a court or
4 administrative tribunal;
5 (4) documents relating to common expenses or other
6 charges owed by a member other than the requesting
7 member; and
8 (5) documents provided to an association in
9 connection with the lease, sale, or other transfer of a
10 unit by a member other than the requesting member.
11 (h) The provisions of this Section are applicable to all
12 condominium instruments recorded under this Act. Any portion
13 of a condominium instrument that contains provisions contrary
14 to these provisions shall be void as against public policy
15 and ineffective. Any condominium instrument that fails to
16 contain the provisions required by this Section shall be
17 deemed to incorporate the provisions by operation of law.
18 (Source: P.A. 87-746; 88-135.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law, except that the provisions changing Section 1
21 of the Entry on Adjoining Land to Accomplish Repairs Act take
22 effect January 1, 1998.