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92nd General Assembly

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Public Act 92-0540

HB4014 Enrolled                               LRB9212715WHcsA

    AN ACT concerning civil procedure.

    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 9-111 and 12-903 as follows:

    (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. The judgment for  possession  is
not  subject  to  an  exemption  of homestead under Part 9 of
Article XII of this Code.  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.
    This  amendatory  Act  of  the  92nd  General Assembly is
intended as a clarification of existing law and not as a  new
enactment.
    (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. 91-196, eff. 7-20-99.)

    (735 ILCS 5/12-903) (from Ch. 110, par. 12-903)
    Sec. 12-903.  Extent of exemption.  No property shall, by
virtue  of  Part 9 of Article XII of this Act, be exempt from
sale for nonpayment of taxes or assessments, or for a debt or
liability incurred for the purchase or  improvement  thereof,
or for enforcement of a lien thereon for nonpayment of common
expenses  pursuant  to  paragraph  (g)(1) of Section 9 of the
"Condominium  Property  Act",  approved  June  20,  1963,  as
amended, or be exempt from  enforcement  of  a  judgment  for
possession  pursuant to paragraph (a)(7) or (a)(8) of Section
9-102 of this Code.
    This amendatory Act  of  the  92nd  General  Assembly  is
intended  as a clarification of existing law and not as a new
enactment.
(Source: P.A. 83-707.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 08, 2002.
    Approved June 12, 2002.
    Effective June 12, 2002.

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