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90_SB1037
735 ILCS 5/9-104.1 from Ch. 110, par. 9-104.1
Amends the Forcible Entry and Detainer Article of the
Code of Civil Procedure. Provides that in matters dealing
with demand notices given to condominium owners or purchasers
of lands or tenements, service of the demand by registered or
certified mail shall be deemed effective upon deposit in the
United States mail with proper postage prepaid and addressed
to the last known address of the person being served.
Effective immediately.
LRB9003445SMdv
LRB9003445SMdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 9-104.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 9-104.1 as follows:
7 (735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
8 Sec. 9-104.1. Demand; Notice; Return; Condominium and
9 Contract Purchasers.
10 (a) In case there is a contract for the purchase of such
11 lands or tenements or in case of condominium property, the
12 demand shall give the purchaser under such contract, or to
13 the condominium unit owner, as the case may be, at least 30
14 days to satisfy the terms of the demand before an action is
15 filed. In case of a condominium unit, the demand shall set
16 forth the amount claimed which must be paid within the time
17 prescribed in the demand and the time period or periods when
18 the amounts were originally due, unless the demand is for
19 compliance with Section 18(n) of the Condominium Property
20 Act, in which case the demand shall set forth the nature of
21 the lease and memorandum of lease or the leasing requirement
22 not satisfied. The amount claimed shall include regular or
23 special assessments, late charges or interest for delinquent
24 assessments, and attorneys' fees claimed for services
25 incurred prior to the demand. Attorneys' fees claimed by
26 condominium associations in the demand shall be subject to
27 review by the courts in any forcible entry and detainer
28 proceeding under subsection (b) of Section 9-111 of this Act.
29 The demand shall be signed by the person claiming such
30 possession, his or her agent, or attorney.
31 (b) In the case of a condominium unit, the demand is not
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1 invalidated by partial payment of amounts due if the payments
2 do not, at the end of the notice period, total the amounts
3 demanded in the notice for common expenses, unpaid fines,
4 interest, late charges, reasonable attorney fees incurred
5 prior to the initiation of any court action and costs of
6 collection. The person claiming possession, or his or her
7 agent or attorney, may, however, agree in writing to withdraw
8 the demand in exchange for receiving partial payment. To
9 prevent invalidation, the notice must prominently state:
10 "Only FULL PAYMENT of all amounts demanded in this notice
11 will invalidate the demand, unless the person claiming
12 possession, or his or her agent or attorney, agrees in
13 writing to withdraw the demand in exchange for receiving
14 partial payment."
15 (c) The demand set forth in subsection (a) of this
16 Section shall be served either personally upon such purchaser
17 or condominium unit owner or by sending the demand thereof by
18 registered or certified mail with return receipt requested to
19 the last known address of such purchaser or condominium unit
20 owner or in case no one is in the actual possession of the
21 premises, then by posting the same on the premises. When such
22 demand is made by an officer authorized to serve process, his
23 or her return is prima facie evidence of the facts therein
24 stated and if such demand is made by any person not an
25 officer, the return may be sworn to by the person serving the
26 same, and is then prima facie evidence of the facts therein
27 stated. To be effective service under this Section, a demand
28 sent by certified or registered mail to the last known
29 address need not be received by the purchaser or condominium
30 unit owner. No other demand shall be required as a
31 prerequisite to filing an action under paragraph (7) of
32 subsection (a) of Section 9-102 of this Act. Service of the
33 demand by registered or certified mail shall be deemed
34 effective upon deposit in the United States mail with proper
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1 postage prepaid and addressed as provided in this subsection.
2 (Source: P.A. 86-1156; 87-746.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.