Sen. Laura M. Murphy

Filed: 3/9/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2556 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Condominium Property Act is amended by
5changing Section 9.2 as follows:
6    (765 ILCS 605/9.2)  (from Ch. 30, par. 309.2)
7    Sec. 9.2. Other remedies.
8    (a) In the event of any default by any unit owner, his
9tenant, invitee or guest in the performance of his obligations
10under this Act or under the declaration, bylaws, or the rules
11and regulations of the board of managers, the board of managers
12or its agents shall have such rights and remedies as provided
13in the Act or condominium instruments including the right to
14maintain an eviction action against such defaulting unit owner
15or his tenant for the benefit of all the other unit owners in
16the manner prescribed by Article IX of the Code of Civil



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2    (b) Any attorneys' fees incurred by the Association arising
3out of a default by any unit owner, his tenant, invitee or
4guest in the performance of any of the provisions of the
5condominium instruments, rules and regulations or any
6applicable statute or ordinance shall be added to, and deemed a
7part of, his respective share of the common expense.
8    (c) Other than attorney's fees, no fees pertaining to the
9collection of a unit owner's financial obligation to the
10Association, including fees charged by a manager or managing
11agent, shall be added to and deemed a part of an owner's
12respective share of the common expenses unless: (i) the
13managing agent fees relate to the costs to collect common
14expenses for the Association; (ii) the fees are set forth in a
15contract between the managing agent and the Association; and
16(iii) the authority to add the management fees to an owner's
17respective share of the common expenses is specifically stated
18in the declaration or bylaws of the Association.
19    (d) In any litigation or arbitration brought by a unit
20owner against the Association or its board of managers or any
21individual member of the Association or its board of managers
22regarding: (i) the enforcement of obligations of the board or
23the Association set forth in this Act, the condominium
24instruments, rules and regulations, or any applicable statute
25or ordinance; (ii) a disputed charge on the unit owner's
26account; or (iii) a purported default as described in



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1subsection (a), the court or the arbitrator shall award to the
2prevailing party from the non-prevailing party reasonable
3attorney's fees and costs incurred by the prevailing party in
4the litigation or arbitration.
5(Source: P.A. 100-173, eff. 1-1-18.)".