Illinois General Assembly - Full Text of HB4490
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Full Text of HB4490  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Scott Drury


765 ILCS 605/9.2  from Ch. 30, par. 309.2

    Amends the Condominium Property Act. Provides that if a court awards attorney's fees incurred by the association (instead of "[a]ny attorneys' fees incurred by the association") in specified situations, the association may add these fees to the unit owner's (instead of "shall be added to, and deemed a part of, his") respective share of the common expense. Provides that no attorney's fees may be added to the unit owner's part of the common expense unless a court first awards attorney's fees.

LRB099 16935 HEP 42963 b





HB4490LRB099 16935 HEP 42963 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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 action for possession against such defaulting unit
15owner or his tenant for the benefit of all the other unit
16owners in the manner prescribed by Article IX of the Code of
17Civil Procedure.
18    (b) If a court awards attorney's Any attorneys' fees
19incurred by the Association arising out of a default by any
20unit owner, his tenant, invitee or guest in the performance of
21any of the provisions of the condominium instruments, rules and
22regulations or any applicable statute or ordinance, the
23Association may add these fees to the unit owner's shall be



HB4490- 2 -LRB099 16935 HEP 42963 b

1added to, and deemed a part of, his respective share of the
2common expense. No attorney's fees may be added to the unit
3owner's part of the common expense unless a court first awards
4attorney's fees.
5    (c) Other than attorney's fees, no fees pertaining to the
6collection of a unit owner's financial obligation to the
7Association, including fees charged by a manager or managing
8agent, shall be added to and deemed a part of an owner's
9respective share of the common expenses unless: (i) the
10managing agent fees relate to the costs to collect common
11expenses for the Association; (ii) the fees are set forth in a
12contract between the managing agent and the Association; and
13(iii) the authority to add the management fees to an owner's
14respective share of the common expenses is specifically stated
15in the declaration or bylaws of the Association.
16(Source: P.A. 94-384, eff. 1-1-06.)