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Rep. André Thapedi
Filed: 5/11/2017
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| 1 | | AMENDMENT TO SENATE BILL 949
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 949 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Condominium Property Act is amended by |
| 5 | | changing Section 9.2 as follows:
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| 6 | | (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
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| 7 | | Sec. 9.2. Other remedies.
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| 8 | | (a) In the event of any default by any unit owner,
his |
| 9 | | tenant, invitee or guest in the performance of his obligations |
| 10 | | under this
Act or under the declaration, bylaws, or the rules |
| 11 | | and regulations of the board
of managers, the board of managers |
| 12 | | or its agents shall have such rights and
remedies as provided |
| 13 | | in the Act or condominium instruments including the right
to |
| 14 | | maintain an action for possession against such defaulting unit |
| 15 | | owner or his
tenant for the benefit of all the other unit |
| 16 | | owners in the manner prescribed by
Article IX of the Code of |
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| 1 | | Civil Procedure.
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| 2 | | (b) Except for attorney's fees incurred in any litigation |
| 3 | | or arbitration described in subsection (d) in which a unit |
| 4 | | owner is deemed by the court or arbitrator to be the |
| 5 | | substantially prevailing party, any Any attorneys' fees |
| 6 | | incurred by the Association arising out of a
default by any |
| 7 | | unit owner, his tenant, invitee or guest in the performance of
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| 8 | | any of the provisions of the condominium instruments, rules and |
| 9 | | regulations or
any applicable statute or ordinance shall be |
| 10 | | added to, and deemed a part of,
his respective share of the |
| 11 | | common expense; however, attorney's fees under this subsection |
| 12 | | shall be excluded from the demand given under Section 9-104 or |
| 13 | | 9-104.1 of the Code of Civil Procedure.
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| 14 | | (c) Other than attorney's fees, no fees pertaining to the |
| 15 | | collection of a unit owner's financial obligation to the |
| 16 | | Association, including fees charged by a manager or managing |
| 17 | | agent, shall be added to and deemed a part of an owner's |
| 18 | | respective share of the common expenses unless: (i) the |
| 19 | | managing agent fees relate to the costs to collect common |
| 20 | | expenses for the Association; (ii) the fees are set forth in a |
| 21 | | contract between the managing agent and the Association; and |
| 22 | | (iii) the authority to add the management fees to an owner's |
| 23 | | respective share of the common expenses is specifically stated |
| 24 | | in the declaration or bylaws of the Association. |
| 25 | | (d) In any litigation or arbitration between a unit owner |
| 26 | | and the Association or its board of managers or any individual |
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| 1 | | member of the Association or its board of managers regarding: |
| 2 | | (i) the enforcement of obligations of the board or the |
| 3 | | Association, set forth either in this Act, the condominium |
| 4 | | instruments, rules and regulations, or any applicable statute |
| 5 | | or ordinance; (ii) a disputed charge on the unit owner's |
| 6 | | account; or (iii) a purported default as described in |
| 7 | | subsection (a), if the unit owner is deemed by the court or |
| 8 | | arbitrator to be the substantially prevailing party, then the |
| 9 | | court or the arbitrator shall award to the unit owner from the |
| 10 | | non-prevailing party reasonable attorney's fees and costs |
| 11 | | incurred by the unit owner in the litigation or arbitration.
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| 12 | | (Source: P.A. 94-384, eff. 1-1-06.)".
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