CONDO PROP-BRD ACTN-ATTNY FEES
Synopsis of Bill as introduced:
Amends the Condominium Property Act to provide that the board of
managers of a condominium association may bring an action in court
against a developer who fails to deliver certain prescribed documents
and funds to the board within the required period. Provides that the
developer has the burden of showing that he or she delivered the
prescribed documents within the required period. Provides that if the
court finds any prescribed deliveries were not made within the
required period, the board is entitled to reasonable attorney fees.
SENATE AMENDMENT NO. 1.
Amends the Condominium Property Act to remove the provision that
placed the burden on the developer to prove that all deliveries
required by the Act were made within the prescribed time period.
HOUSE AMENDMENT NO. 1.
Adds reference to:
765 ILCS 605/9.1 from Ch. 30, par. 309.1
765 ILCS 605/22 from Ch. 30, par. 322
Further amends the Condominium Property Act. In provisions
providing that the owner of a unit shall not be liable for any claims,
damages, or judgments entered as a result of any action or inaction of
the board of managers of the association other than for certain
mechanics' liens, adds that the claims for which the owner of a unit
shall not be liable include but are not limited to State or local
government fees or fines and that this exclusion extends to inaction
or action of the developer as well for unit owners other than the
developer. Extends the same protection to members of the board of
managers other than the developer and the association of unit owners
for action or inaction of the developer. Makes changes to actions
required of a developer regarding release of liens upon sale of a
unit. Adds any release, warranty, certificate of insurance, or surety
required under provisions dealing with liens for other than
non-payment to the list of items a developer of a conversion
condominium must provide.
CONFERENCE COMMITTEE REPORT NO. 1.
Recommends that the Senate concur in H-am 1.
Recommends that the bill be further amended as follows:
Amends the Condominium Property Act. Deletes the provision
indicating that in an action by the board of managers of the
condominium association against the developer for failure to deliver
certain prescribed documents within the required period, the developer
has the burden of showing that he or she delivered the prescribed
documents within the required period.
Last action on Bill: PUBLIC ACT.............................. 91-0616
Last action date: 99-08-19
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
Full Text Bill Status