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91st General Assembly
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Public Act 91-0196

SB258 Enrolled                                 LRB9101313KSgc

    AN ACT to amend the Code of Civil Procedure  by  changing
Sections 9-104.2 and 9-111.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Code of Civil  Procedure  is  amended  by
changing Sections 9-104.2 and 9-111 as follows:

    (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
    Sec. 9-104.2.  Demand - Notice - Termination of Lease and
Possession of a Condominium.
    (a)  Unless the Board of Managers is seeking to terminate
the  right  of  possession of a tenant or other occupant of a
unit under an existing lease or other  arrangement  with  the
owner  of  a  unit, no demand nor summons need be served upon
the tenant or other occupant in  connection  with  an  action
brought  under  paragraph  (7)  of  subsection (a) of Section
9-102 of this Article.
    (a-5)  The Board of Managers may seek  to  terminate  the
right  of  possession of a tenant or other occupant of a unit
under an existing lease  or  other  arrangement  between  the
tenant  or other occupant and the defaulting owner of a unit,
either within the same action against the  unit  owner  under
paragraph  (7)  of  subsection  (a)  of Section 9-102 of this
Article or independently thereafter under other paragraphs of
that subsection.  If a tenant or other occupant of a unit  is
joined  within  the  same  action against the defaulting unit
owner under paragraph (7), only the unit owner  and  not  the
tenant or other occupant need to shall also be served with 30
days  prior written notice and subsequent summons in the same
manner and substantially the same form as the unit  owner  as
provided in this Article. The tenant or other occupant may be
joined as additional defendants at the time the suit is filed
or  at any time thereafter prior to execution of judgment for
possession by filing, with or  without  prior  leave  of  the
court,  an  amended  complaint and summons for trial.  If the
complaint alleges  that  the  unit  is  occupied  or  may  be
occupied  by  persons  other  than or in addition to the unit
owner of record, that  the  identities  of  the  persons  are
concealed  and  unknown,  they  may  be  named  and joined as
defendant "Unknown Occupants".  Summons may be served on  the
defendant   "Unknown  Occupants"  by  the  sheriff  or  court
appointed process server by leaving a copy at the  unit  with
any  person  residing  at  the unit of the age of 13 years or
greater, and if  the  summons  is  returned  without  service
stating that service cannot be obtained, constructive service
may  be  obtained pursuant to Section 9-107 of this Code with
notice mailed to "Unknown Occupants" at the  address  of  the
unit.   If  prior to execution of judgment for possession the
identity of a defendant or defendants served in  this  manner
is discovered, his or her name or names and the record may be
corrected  upon  hearing  pursuant to notice of motion served
upon the identified defendant or defendants at  the  unit  in
the  manner  provided  by court rule for service of notice of
motion. If however an action under paragraph (7) was  brought
against  the  defaulting unit owner only, and after obtaining
judgment  for  possession  and  expiration  of  the  stay  on
enforcement the Board of Managers  elects  not  to  accept  a
tenant or occupant in possession as its own and to commence a
separate  action,  written notice of the judgment against the
unit owner and demand to quit the premises shall be served on
the tenant or other occupant in  the  manner  provided  under
Section  9-211  at  least  10  days prior to bringing suit to
recover possession from the tenant or other occupant.
    (b)  If a judgment for possession is granted to the Board
of Managers under Section 9-111, any  interest  of  the  unit
owner  to  receive rents under any lease arrangement shall be
deemed assigned to the Board of Managers until such  time  as
the judgment is vacated.
    (c)  If  a  judgment for possession is entered, the Board
of Managers may  obtain  from  the  clerk  of  the  court  an
informational  certificate  notifying any tenants not parties
to the proceeding of  the  assignment  of  the  unit  owner's
interest in the lease arrangement to the Board of Managers as
a  result  of  the  entry  of the judgment for possession and
stating that any rent hereinafter due the unit owner  or  his
agent under the lease arrangement should be paid to the Board
of Managers until further order of court.  If the tenant pays
his  rent  to the association pursuant to the entry of such a
judgement for possession, the unit owner  may  not  sue  said
tenant  for any such amounts the tenant pays the association.
Upon service of the certificate on the tenant in  the  manner
provided  by  Section 9-211 of this Code, the tenant shall be
obligated to pay the rent under the lease arrangement to  the
Board   of  Managers  as  it  becomes  due.   If  the  tenant
thereafter fails and refuses to pay the rent,  the  Board  of
Managers  may  bring  an action for possession after making a
demand for rent in accordance  with  Section  9-209  of  this
Code.
    (c-5)  In  an action against the unit owner and lessee to
evict a  lessee  for  failure  of  the  lessor/owner  of  the
condominium  unit  to  comply  with  the leasing requirements
prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by the declaration,  bylaws,  and  rules  and
regulations  of  the condominium, or against a lessee for any
other  breach  by  the  lessee  of  any   covenants,   rules,
regulations,  or  bylaws of the condominium, the demand shall
give the lessee at least 10 days to quit and vacate the unit.
The notice shall be substantially in the following form:
         "TO  A.B.  You   are   hereby   notified   that   in
    consequence of (here insert lessor-owner name) failure to
    comply   with  the  leasing  requirements  prescribed  by
    Section 18(n) of the Condominium Property Act or  by  the
    declaration,  bylaws,  and  rules  and regulations of the
    condominium, or your default  of  any  covenants,  rules,
    regulations or bylaws of the condominium, in (here insert
    the  character  of  the  default)  of  the  premises  now
    occupied  by you, being (here described the premises) the
    Board of Managers  of  (here  describe  the  condominium)
    Association  elects  to terminate your lease, and you are
    hereby notified to quit and vacate same within 10 days of
    this date.".
    The demand shall be signed by the Board of Managers,  its
agent, or attorney and shall be served either personally upon
the  lessee  with  a copy to the unit owner or by sending the
demand thereof by registered or certified  mail  with  return
receipt  requested  to the unit occupied by the lessee and to
the last known address of the unit owner, and no other demand
of termination of such tenancy shall   be  required.   To  be
effective  service  under  this  Section,  a  demand  sent by
certified  mail,  return  receipt  requested,  to  the   unit
occupied  by  the lessee and to the last known address of the
unit owner need not be received by the lessee or  condominium
unit owner.
    (d)  Nothing  in  this  Section  9-104.2  is  intended to
confer upon a Board of Managers any  greater  authority  with
respect  to  possession  of  a unit after a judgment than was
previously established by this Act.
(Source: P.A. 89-41, eff. 6-23-95; 90-496, eff. 8-18-97.)

    (735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
    Sec. 9-111.  Condominium property.
    (a)  As to property subject  to  the  provisions  of  the
"Condominium  Property  Act",  approved  June  20,  1963,  as
amended,  when  the  action  is  based upon the failure of an
owner  of  a  unit  therein  to  pay  when  due  his  or  her
proportionate share of the common expenses of  the  property,
or  of  any other expenses lawfully agreed upon or the amount
of any unpaid fine, and if the court finds that the  expenses
or  fines  are  due  to the plaintiff, the plaintiff shall be
entitled to the possession  of  the  whole  of  the  premises
claimed,  and  judgment  in  favor  of the plaintiff shall be
entered for the possession thereof and for the  amount  found
due by the court including interest and late charges, if any,
together with reasonable attorney's fees, if any, and for the
plaintiff's costs. The awarding of reasonable attorney's fees
shall  be  pursuant  to the standards set forth in subsection
(b) of this Section 9-111.  The court shall, by  order,  stay
the  enforcement  of the judgment for possession for a period
of not less than 60 days from the date of  the  judgment  and
may  stay the enforcement of the judgment for a period not to
exceed 180 days from such date.  Any judgment  for  money  or
any  rent  assignment under subsection (b) of Section 9-104.2
is not subject to this stay.  If at any time,  either  during
or after the period of stay, the defendant pays such expenses
found  due by the court, and costs, and reasonable attorney's
fees as fixed by the court,  and  the  defendant  is  not  in
arrears  on  his  or her share of the common expenses for the
period subsequent  to  that  covered  by  the  judgment,  the
defendant  may  file  a  motion to vacate the judgment in the
court in which the judgment was entered, and, if  the  court,
upon  the  hearing  of  such  motion,  is  satisfied that the
default in payment of the proportionate share of expenses has
been cured, and if the court finds that the premises are  not
presently let by the board of managers as provided in Section
9-111.1  of  this Act, the judgment shall be vacated.  If the
premises are being let by the board of managers  as  provided
in  Section  9-111.1 of this Act, when any judgment is sought
to be vacated, the court shall vacate the judgment  effective
concurrent  with  the  expiration  of  the lease term. Unless
defendant files such motion to vacate in  the  court  or  the
judgment is otherwise stayed, enforcement of the judgment may
proceed immediately upon the expiration of the period of stay
and  all  rights of the defendant to possession of his or her
unit shall cease  and  determine  until  the  date  that  the
judgment  may  thereafter  be  vacated in accordance with the
foregoing provisions,  and  notwithstanding  payment  of  the
amount of any money judgment if the unit owner or occupant is
in  arrears  for  the  period  after the date of entry of the
judgment  as  provided  in  this  Section.   Nothing   herein
contained  shall  be  construed as affecting the right of the
board of managers, or its agents, to  any  lawful  remedy  or
relief  other  than  that provided by Part 1 of Article IX of
this Act.
    (b)  For purposes of  determining  reasonable  attorney's
fees under subsection (a), the court shall consider:
         (i)  the time expended by the attorney;
         (ii)  the  reasonableness of the hourly rate for the
    work performed;
         (iii)  the reasonableness  of  the  amount  of  time
    expended for the work performed; and
         (iv)  the  amount  in  controversy and the nature of
    the action.
(Source: P.A. 88-417.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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