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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 -2- LRB9003445SMdv 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 -3- LRB9003445SMdv 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.
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