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 prevailing | ||||||
| 5 | party, any Any attorneys' fees incurred by the Association | ||||||
| 6 | arising out of an adjudicated a
default by any unit owner, his | ||||||
| 7 | tenant, invitee or guest in the performance of
any of the | ||||||
| 8 | 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.
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| 12 | (c) Other than attorney's fees, no fees pertaining to the | ||||||
| 13 | collection of a unit owner's financial obligation to the | ||||||
| 14 | Association, including fees charged by a manager or managing | ||||||
| 15 | agent, shall be added to and deemed a part of an owner's | ||||||
| 16 | respective share of the common expenses unless: (i) the | ||||||
| 17 | managing agent fees relate to the costs to collect common | ||||||
| 18 | expenses for the Association; (ii) the fees are set forth in a | ||||||
| 19 | contract between the managing agent and the Association; and | ||||||
| 20 | (iii) the authority to add the management fees to an owner's | ||||||
| 21 | respective share of the common expenses is specifically stated | ||||||
| 22 | in the declaration or bylaws of the Association. | ||||||
| 23 | (d) In any litigation or arbitration between a unit owner | ||||||
| 24 | and the Association or its board of managers or any individual | ||||||
| 25 | member of the Association or its board of managers regarding: | ||||||
| 26 | (i) the enforcement of obligations of the board or the | ||||||
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| 1 | Association, set forth either in this Act, the condominium | ||||||
| 2 | instruments, rules and regulations, or any applicable statute | ||||||
| 3 | or ordinance; (ii) a disputed charge on the unit owner's | ||||||
| 4 | account; or (iii) a purported default as described in | ||||||
| 5 | subsection (a), if the unit owner is deemed by the court or | ||||||
| 6 | arbitrator to be the prevailing party, then the court or the | ||||||
| 7 | arbitrator shall award to the unit owner from the | ||||||
| 8 | non-prevailing party reasonable attorney's fees and costs | ||||||
| 9 | incurred by the unit owner in the litigation or arbitration.
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| 10 | (Source: P.A. 94-384, eff. 1-1-06.)".
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