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| Public Act 102-0071 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 9-102 as follows:
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(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
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Sec. 9-102. When action may be maintained.
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(a) The person entitled to the possession of lands or | ||||
tenements may be
restored thereto under any of the following | ||||
circumstances:
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(1) When a forcible entry is made thereon.
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(2) When a peaceable entry is made and the possession | ||||
unlawfully withheld.
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(3) When entry is made into vacant or unoccupied lands | ||||
or
tenements without right or title.
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(4) When any lessee of the lands or tenements, or any | ||||
person
holding under such lessee, holds possession without | ||||
right after the
termination of the lease or tenancy by its | ||||
own limitation, condition
or terms, or by notice to quit | ||||
or otherwise.
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(5) When a vendee having obtained possession under a | ||||
written or
verbal agreement to purchase lands or | ||||
tenements, and having failed to
comply with the agreement, | ||||
withholds possession thereof, after demand in
writing by | ||
the person entitled to such possession; provided, however,
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that any such agreement for residential real estate | ||
entered into on or after July 1, 1987 that is an | ||
installment sales contract, as defined in the Installment | ||
Sales Contract Act, and the amount unpaid under the terms | ||
of the contract at the time of the filing of the | ||
foreclosure complaint, including principal and due and | ||
unpaid interest, at the rate prior to default, is less | ||
than 80% of the original purchase price of the real estate | ||
as stated in the contract, as required under paragraph (2) | ||
of subsection (a) of Section 15-1106 of the
Illinois | ||
Mortgage Foreclosure Law, is subject to foreclosure | ||
entered into on or after July 1, 1987 where
the purchase | ||
price is to be paid in installments over a period in excess | ||
of 5
years and the amount unpaid under the terms of the | ||
contract at the time of
the filing of a foreclosure | ||
complaint under Article XV, including principal
and due | ||
and unpaid interest, is less than 80% of the original | ||
purchase price
shall be foreclosed under the Illinois | ||
Mortgage Foreclosure Law.
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This amendatory Act of 1993 is declarative of existing | ||
law.
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(6) When lands or tenements have been conveyed by any | ||
grantor in
possession, or sold under the order or judgment | ||
of any court in this State, or
by virtue of any sale in any | ||
mortgage or deed of trust contained and the
grantor in | ||
possession or party to such order or judgment or to such | ||
mortgage or
deed of trust, after the expiration of the | ||
time of redemption, when redemption
is allowed by law, | ||
refuses or neglects to surrender possession thereof, after
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demand in writing by the person entitled thereto, or his | ||
or her agent.
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(7) When any property is subject to the provisions of | ||
the Condominium
Property Act, the owner of a unit fails or | ||
refuses to pay when due his or
her proportionate share of | ||
the common expenses of such property, or of any
other | ||
expenses lawfully agreed upon or any unpaid fine, the | ||
Board of
Managers or its agents have served the demand set | ||
forth in Section 9-104.1
of this Article in the manner | ||
provided for in that Section and the unit
owner has failed | ||
to pay the amount claimed within the time prescribed in
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the demand; or if the lessor-owner of a unit fails to | ||
comply with the leasing
requirements prescribed by | ||
subsection (n) of Section 18 of the Condominium
Property | ||
Act or by
the
declaration, by-laws, and rules and | ||
regulations of the condominium, or if a
lessee of an owner | ||
is in breach of any covenants, rules, regulations, or
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by-laws of the condominium, and the Board of Managers or | ||
its agents have served
the demand set forth in Section | ||
9-104.2 of this Article in the manner provided
in that | ||
Section.
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(8) When any property is subject to the provisions of | ||
a declaration
establishing a common interest community and | ||
requiring the unit owner to
pay regular or special | ||
assessments for the maintenance or repair of common
areas | ||
owned in common by all of the owners of the common interest | ||
community
or by the community association and maintained | ||
for the use of the unit
owners or of any other expenses of | ||
the association lawfully agreed upon,
and the unit owner | ||
fails or refuses to pay when due his or her
proportionate | ||
share of such assessments or expenses and the board or its
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agents have served the demand set forth in Section 9-104.1 | ||
of this Article
in the manner provided for in that Section | ||
and the unit owner has failed to
pay the amount claimed | ||
within the time prescribed in the demand.
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(b) The provisions of paragraph (8) of subsection (a) of | ||
Section 9-102
and Section 9-104.3 of this Act shall not apply | ||
to any common interest
community unless (1) the association is | ||
a not-for-profit corporation or a limited liability company, | ||
(2)
unit owners are authorized to attend meetings of the board | ||
of directors or
board of managers of the association in the | ||
same manner as provided for
condominiums under the Condominium | ||
Property Act, and (3) the board of
managers or board of | ||
directors of the common interest community association
has, | ||
subsequent to the effective date of this amendatory Act of | ||
1984 voted
to have the provisions of this Article apply to such | ||
association and has
delivered or mailed notice of such action | ||
to the unit owners or unless the
declaration of the | ||
association is recorded after the effective date of this
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amendatory Act of 1985.
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(c) For purposes of this Article:
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(1) "Common interest community" means real estate | ||
other than a
condominium or cooperative with respect to | ||
which any person by virtue of
his or her ownership of a | ||
partial interest or unit therein is obligated to
pay for | ||
maintenance, improvement, insurance premiums, or real | ||
estate taxes
of other real estate described in a | ||
declaration which is administered by
an association.
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(2) "Declaration" means any duly recorded instruments, | ||
however
designated, that have created a common interest | ||
community and any duly
recorded amendments to those | ||
instruments.
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(3) "Unit" means a physical portion of the common | ||
interest community
designated by separate ownership or | ||
occupancy by boundaries which are
described in a | ||
declaration.
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(4) "Unit owners' association" or "association" means | ||
the association
of all owners of units in the common | ||
interest community acting pursuant to
the declaration.
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(d) If the board of a common interest community elects to | ||
have the
provisions of this Article apply to such association | ||
or the declaration of
the association is recorded after the | ||
effective date of this amendatory Act
of 1985, the provisions | ||
of subsections (c) through (h) of Section 18.5 of
the | ||
Condominium Property Act applicable to a Master Association | ||
and
condominium unit subject to such association under | ||
subsections (c) through
(h) of Section 18.5 shall be | ||
applicable to the community associations and
to its unit | ||
owners.
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(Source: P.A. 99-41, eff. 7-14-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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