Bill Status of HB4491 99th General Assembly
Short Description: CIV PRO-CONDO ASSOC ACTIONS
Rep. Scott Drury
| 1/10/2017||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that in an action for possession for unpaid condominium expenses, a unit owner may raise as defenses: (1) a material breach of any duty set forth in the Condominium Property Act or governing condominium instruments or rules and regulations or any applicable statute or ordinance applicable to the unit owner's possession of the condominium unit; and (2) improper motive for bringing the action. Provides that an association is barred from recovering any attorney's fees and costs against a unit owner if the association is found by a court to have breached an obligation under the Forcible Entry and Detainer Article or the Condominium Property Act or, in the case of any member of the association's board of managers, is found to have breached a fiduciary duty to the unit owner or the association.