HB6475ham002 96TH GENERAL ASSEMBLY

Rep. Kenneth Dunkin

Filed: 3/25/2010

09600HB6475ham002 LRB096 21780 AJO 39653 a

AMENDMENT TO HOUSE BILL 6475

AMENDMENT NO. ______. Amend House Bill 6475 by replacing everything after the enacting clause with the following:

"Section 5. The Condominium Property Act is amended by adding Section 33 as follows:

(765 ILCS 605/33 new)

Sec. 33. Action against a developer.

(a) Actions based upon tort against a developer for an act or omission in the construction, design, planning, supervision, observation or management of the construction of a condominium, condominium unit, or the common elements of a condominium shall be commenced against a developer within 4 years from the time that the unit owner or condominium association bringing an action knew or should reasonably have known of such act or omission.

(b) If a unit owner otherwise entitled to bring an action could not have brought such action within the limitation periods herein solely because the unit owner was under a legal disability, then the limitation period herein shall not begin to run until the disability is removed.

(c) The limitation of this Section shall not apply to causes of action arising out of fraudulent misrepresentations or to fraudulent concealment of causes of action.

(d) This Section applies to actions commenced or pending on or after the effective date of this amendatory Act of the 96th General Assembly.".