Illinois General Assembly - Full Text of SB2556
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Full Text of SB2556  100th General Assembly




SB2556 EngrossedLRB100 19516 HEP 34783 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 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
18    (b) Any attorneys' fees incurred by the Association arising
19out of a default by any unit owner, his tenant, invitee or
20guest in the performance of any of the provisions of the
21condominium instruments, rules and regulations or any
22applicable statute or ordinance shall be added to, and deemed a
23part of, his respective share of the common expense.



SB2556 Engrossed- 2 -LRB100 19516 HEP 34783 b

1    (c) Other than attorney's fees, no fees pertaining to the
2collection of a unit owner's financial obligation to the
3Association, including fees charged by a manager or managing
4agent, shall be added to and deemed a part of an owner's
5respective share of the common expenses unless: (i) the
6managing agent fees relate to the costs to collect common
7expenses for the Association; (ii) the fees are set forth in a
8contract between the managing agent and the Association; and
9(iii) the authority to add the management fees to an owner's
10respective share of the common expenses is specifically stated
11in the declaration or bylaws of the Association.
12    (d) In any litigation or arbitration brought by a unit
13owner against the Association or its board of managers or any
14individual member of the Association or its board of managers
15regarding: (i) the enforcement of obligations of the board or
16the Association set forth in this Act, the condominium
17instruments, rules and regulations, or any applicable statute
18or ordinance; (ii) a disputed charge on the unit owner's
19account; or (iii) a purported default as described in
20subsection (a), the court or the arbitrator shall award to the
21prevailing party from the non-prevailing party reasonable
22attorney's fees and costs incurred by the prevailing party in
23the litigation or arbitration.
24(Source: P.A. 100-173, eff. 1-1-18.)