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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Condominium Property Act is amended by | ||||||
| 5 | changing Section 9.2 as follows:
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| 6 | (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
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| 7 | Sec. 9.2. Other remedies.
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| 8 | (a) In the event of any default by any unit owner,
his | ||||||
| 9 | tenant, invitee or guest in the performance of his obligations | ||||||
| 10 | under this
Act or under the declaration, bylaws, or the rules | ||||||
| 11 | and regulations of the board
of managers, the board of managers | ||||||
| 12 | or its agents shall have such rights and
remedies as provided | ||||||
| 13 | in the Act or condominium instruments including the right
to | ||||||
| 14 | maintain an eviction action against such defaulting unit owner | ||||||
| 15 | or his
tenant for the benefit of all the other unit owners in | ||||||
| 16 | the manner prescribed by
Article IX of the Code of Civil | ||||||
| 17 | Procedure.
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| 18 | (b) Any attorneys' fees incurred by the Association arising | ||||||
| 19 | out of a
default by any unit owner, his tenant, invitee or | ||||||
| 20 | guest in the performance of
any of the provisions of the | ||||||
| 21 | condominium instruments, rules and regulations or
any | ||||||
| 22 | applicable statute or ordinance shall be added to, and deemed a | ||||||
| 23 | part of,
his respective share of the common expense.
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| 1 | (c) Other than attorney's fees, no fees pertaining to the | ||||||
| 2 | collection of a unit owner's financial obligation to the | ||||||
| 3 | Association, including fees charged by a manager or managing | ||||||
| 4 | agent, shall be added to and deemed a part of an owner's | ||||||
| 5 | respective share of the common expenses unless: (i) the | ||||||
| 6 | managing agent fees relate to the costs to collect common | ||||||
| 7 | expenses for the Association; (ii) the fees are set forth in a | ||||||
| 8 | contract between the managing agent and the Association; and | ||||||
| 9 | (iii) the authority to add the management fees to an owner's | ||||||
| 10 | respective share of the common expenses is specifically stated | ||||||
| 11 | in the declaration or bylaws of the Association.
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| 12 | (d) In any litigation or arbitration brought by a unit | ||||||
| 13 | owner against the Association or its board of managers or any | ||||||
| 14 | individual member of the Association or its board of managers | ||||||
| 15 | regarding: (i) the enforcement of obligations of the board or | ||||||
| 16 | the Association set forth in this Act, the condominium | ||||||
| 17 | instruments, rules and regulations, or any applicable statute | ||||||
| 18 | or ordinance; (ii) a disputed charge on the unit owner's | ||||||
| 19 | account; or (iii) a purported default as described in | ||||||
| 20 | subsection (a), the court or the arbitrator shall award to the | ||||||
| 21 | prevailing party from the non-prevailing party reasonable | ||||||
| 22 | attorney's fees and costs incurred by the prevailing party in | ||||||
| 23 | the litigation or arbitration.
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| 24 | (Source: P.A. 100-173, eff. 1-1-18.)
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