Rep. Kenneth Dunkin

Filed: 3/25/2010





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2     AMENDMENT NO. ______. Amend House Bill 6475 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Condominium Property Act is amended by
5 adding Section 33 as follows:
6     (765 ILCS 605/33 new)
7     Sec. 33. Action against a developer.
8     (a) Actions based upon tort against a developer for an act
9 or omission in the construction, design, planning,
10 supervision, observation or management of the construction of a
11 condominium, condominium unit, or the common elements of a
12 condominium shall be commenced against a developer within 4
13 years from the time that the unit owner or condominium
14 association bringing an action knew or should reasonably have
15 known of such act or omission.
16     (b) If a unit owner otherwise entitled to bring an action



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1 could not have brought such action within the limitation
2 periods herein solely because the unit owner was under a legal
3 disability, then the limitation period herein shall not begin
4 to run until the disability is removed.
5     (c) The limitation of this Section shall not apply to
6 causes of action arising out of fraudulent misrepresentations
7 or to fraudulent concealment of causes of action.
8     (d) This Section applies to actions commenced or pending on
9 or after the effective date of this amendatory Act of the 96th
10 General Assembly.".