HB4490 99TH GENERAL ASSEMBLY

LRB099 16935 HEP 42963 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4490

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:

765 ILCS 605/9.2

from Ch. 30, par. 309.2

Amends the Condominium Property Act. Provides that if a court awards attorney's fees incurred by the association (instead of "[a]ny attorneys' fees incurred by the association") in specified situations, the association may add these fees to the unit owner's (instead of "shall be added to, and deemed a part of, his") respective share of the common expense. Provides that no attorney's fees may be added to the unit owner's part of the common expense unless a court first awards attorney's fees.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Condominium Property Act is amended by changing Section 9.2 as follows:

(765 ILCS 605/9.2) (from Ch. 30, par. 309.2)

Sec. 9.2. Other remedies.

(a) In the event of any default by any unit owner, his tenant, invitee or guest in the performance of his obligations under this Act or under the declaration, bylaws, or the rules and regulations of the board of managers, the board of managers or its agents shall have such rights and remedies as provided in the Act or condominium instruments including the right to maintain an action for possession against such defaulting unit owner or his tenant for the benefit of all the other unit owners in the manner prescribed by Article IX of the Code of Civil Procedure.

(b) If a court awards attorney's Any attorneys' fees incurred by the Association arising out of a default by any unit owner, his tenant, invitee or guest in the performance of any of the provisions of the condominium instruments, rules and regulations or any applicable statute or ordinance, the Association may add these fees to the unit owner's shall be added to, and deemed a part of, his respective share of the common expense. No attorney's fees may be added to the unit owner's part of the common expense unless a court first awards attorney's fees.

(c) Other than attorney's fees, no fees pertaining to the collection of a unit owner's financial obligation to the Association, including fees charged by a manager or managing agent, shall be added to and deemed a part of an owner's respective share of the common expenses unless: (i) the managing agent fees relate to the costs to collect common expenses for the Association; (ii) the fees are set forth in a contract between the managing agent and the Association; and (iii) the authority to add the management fees to an owner's respective share of the common expenses is specifically stated in the declaration or bylaws of the Association.

(Source: P.A. 94-384, eff. 1-1-06.)