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91_SB0258eng SB258 Engrossed LRB9101313KSgc 1 AN ACT to amend the Code of Civil Procedure by changing 2 Sections 9-104.2 and 9-111. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Code of Civil Procedure is amended by 6 changing Sections 9-104.2 and 9-111 as follows: 7 (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2) 8 Sec. 9-104.2. Demand - Notice - Termination of Lease and 9 Possession of a Condominium. 10 (a) Unless the Board of Managers is seeking to terminate 11 the right of possession of a tenant or other occupant of a 12 unit under an existing lease or other arrangement with the 13 owner of a unit, no demand nor summons need be served upon 14 the tenant or other occupant in connection with an action 15 brought under paragraph (7) of subsection (a) of Section 16 9-102 of this Article. 17 (a-5) The Board of Managers may seek to terminate the 18 right of possession of a tenant or other occupant of a unit 19 under an existing lease or other arrangement between the 20 tenant or other occupant and the defaulting owner of a unit, 21 either within the same action against the unit owner under 22 paragraph (7) of subsection (a) of Section 9-102 of this 23 Article or independently thereafter under other paragraphs of 24 that subsection. If a tenant or other occupant of a unit is 25 joined within the same action against the defaulting unit 26 owner under paragraph (7), only the unit owner and not the 27 tenant or other occupant need toshall alsobe served with 30 28 days prior written noticeand subsequent summons in the same29manner and substantially the same form as the unit owneras 30 provided in this Article. The tenant or other occupant may be 31 joined as additional defendants at the time the suit is filed SB258 Engrossed -2- LRB9101313KSgc 1 or at any time thereafter prior to execution of judgment for 2 possession by filing, with or without prior leave of the 3 court, an amended complaint and summons for trial. If the 4 complaint alleges that the unit is occupied or may be 5 occupied by persons other than or in addition to the unit 6 owner of record, that the identities of the persons are 7 concealed and unknown, they may be named and joined as 8 defendant "Unknown Occupants". Summons may be served on the 9 defendant "Unknown Occupants" by the sheriff or court 10 appointed process server by leaving a copy at the unit with 11 any person residing at the unit of the age of 13 years or 12 greater, and if the summons is returned without service 13 stating that service cannot be obtained, constructive service 14 may be obtained pursuant to Section 9-107 of this Code with 15 notice mailed to "Unknown Occupants" at the address of the 16 unit. If prior to execution of judgment for possession the 17 identity of a defendant or defendants served in this manner 18 is discovered, his or her name or names and the record may be 19 corrected upon hearing pursuant to notice of motion served 20 upon the identified defendant or defendants at the unit in 21 the manner provided by court rule for service of notice of 22 motion. If however an action under paragraph (7) was brought 23 against the defaulting unit owner only, and after obtaining 24 judgment for possession and expiration of the stay on 25 enforcement the Board of Managers elects not to accept a 26 tenant or occupant in possession as its own and to commence a 27 separate action, written notice of the judgment against the 28 unit owner and demand to quit the premises shall be served on 29 the tenant or other occupant in the manner provided under 30 Section 9-211 at least 10 days prior to bringing suit to 31 recover possession from the tenant or other occupant. 32 (b) If a judgment for possession is granted to the Board 33 of Managers under Section 9-111, any interest of the unit 34 owner to receive rents under any lease arrangement shall be SB258 Engrossed -3- LRB9101313KSgc 1 deemed assigned to the Board of Managers until such time as 2 the judgment is vacated. 3 (c) If a judgment for possession is entered, the Board 4 of Managers may obtain from the clerk of the court an 5 informational certificate notifying any tenants not parties 6 to the proceeding of the assignment of the unit owner's 7 interest in the lease arrangement to the Board of Managers as 8 a result of the entry of the judgment for possession and 9 stating that any rent hereinafter due the unit owner or his 10 agent under the lease arrangement should be paid to the Board 11 of Managers until further order of court. If the tenant pays 12 his rent to the association pursuant to the entry of such a 13 judgement for possession, the unit owner may not sue said 14 tenant for any such amounts the tenant pays the association. 15 Upon service of the certificate on the tenant in the manner 16 provided by Section 9-211 of this Code, the tenant shall be 17 obligated to pay the rent under the lease arrangement to the 18 Board of Managers as it becomes due. If the tenant 19 thereafter fails and refuses to pay the rent, the Board of 20 Managers may bring an action for possession after making a 21 demand for rent in accordance with Section 9-209 of this 22 Code. 23 (c-5) In an action against the unit owner and lessee to 24 evict a lessee for failure of the lessor/owner of the 25 condominium unit to comply with the leasing requirements 26 prescribed by subsection (n) of Section 18 of the Condominium 27 Property Act or by the declaration, bylaws, and rules and 28 regulations of the condominium, or against a lessee for any 29 other breach by the lessee of any covenants, rules, 30 regulations, or bylaws of the condominium, the demand shall 31 give the lessee at least 10 days to quit and vacate the unit. 32 The notice shall be substantially in the following form: 33 "TO A.B. You are hereby notified that in 34 consequence of (here insert lessor-owner name) failure to SB258 Engrossed -4- LRB9101313KSgc 1 comply with the leasing requirements prescribed by 2 Section 18(n) of the Condominium Property Act or by the 3 declaration, bylaws, and rules and regulations of the 4 condominium, or your default of any covenants, rules, 5 regulations or bylaws of the condominium, in (here insert 6 the character of the default) of the premises now 7 occupied by you, being (here described the premises) the 8 Board of Managers of (here describe the condominium) 9 Association elects to terminate your lease, and you are 10 hereby notified to quit and vacate same within 10 days of 11 this date.". 12 The demand shall be signed by the Board of Managers, its 13 agent, or attorney and shall be served either personally upon 14 the lessee with a copy to the unit owner or by sending the 15 demand thereof by registered or certified mail with return 16 receipt requested to the unit occupied by the lessee and to 17 the last known address of the unit owner, and no other demand 18 of termination of such tenancy shall be required. To be 19 effective service under this Section, a demand sent by 20 certified mail, return receipt requested, to the unit 21 occupied by the lessee and to the last known address of the 22 unit owner need not be received by the lessee or condominium 23 unit owner. 24 (d) Nothing in this Section 9-104.2 is intended to 25 confer upon a Board of Managers any greater authority with 26 respect to possession of a unit after a judgment than was 27 previously established by this Act. 28 (Source: P.A. 89-41, eff. 6-23-95; 90-496, eff. 8-18-97.) 29 (735 ILCS 5/9-111) (from Ch. 110, par. 9-111) 30 Sec. 9-111. Condominium property. 31 (a) As to property subject to the provisions of the 32 "Condominium Property Act", approved June 20, 1963, as 33 amended, when the action is based upon the failure of an SB258 Engrossed -5- LRB9101313KSgc 1 owner of a unit therein to pay when due his or her 2 proportionate share of the common expenses of the property, 3 or of any other expenses lawfully agreed upon or the amount 4 of any unpaid fine, and if the court finds that the expenses 5 or fines are due to the plaintiff, the plaintiff shall be 6 entitled to the possession of the whole of the premises 7 claimed, and judgment in favor of the plaintiff shall be 8 entered for the possession thereof and for the amount found 9 due by the court including interest and late charges, if any, 10 together with reasonable attorney's fees, if any, and for the 11 plaintiff's costs. The awarding of reasonable attorney's fees 12 shall be pursuant to the standards set forth in subsection 13 (b) of this Section 9-111. The court shall, by order, stay 14 the enforcement of the judgment for possession for a period 15 of not less than 60 days from the date of the judgment and 16 may stay the enforcement of the judgment for a period not to 17 exceed 180 days from such date. Any judgment for money or 18 any rent assignment under subsection (b) of Section 9-104.2 19 is not subject to this stay. If at any time, either during 20 or after the period of stay, the defendant pays such expenses 21 found due by the court, and costs, and reasonable attorney's 22 fees as fixed by the court, and the defendant is not in 23 arrears on his or her share of the common expenses for the 24 period subsequent to that covered by the judgment, the 25 defendant may file a motion to vacate the judgment in the 26 court in which the judgment was entered, and, if the court, 27 upon the hearing of such motion, is satisfied that the 28 default in payment of the proportionate share of expenses has 29 been cured, and if the court finds that the premises are not 30 presently let by the board of managers as provided in Section 31 9-111.1 of this Act, the judgment shall be vacated. If the 32 premises are being let by the board of managers as provided 33 in Section 9-111.1 of this Act, when any judgment is sought 34 to be vacated, the court shall vacate the judgment effective SB258 Engrossed -6- LRB9101313KSgc 1 concurrent with the expiration of the lease term. Unless 2 defendant files such motion to vacate in the court or the 3 judgment is otherwise stayed, enforcement of the judgment may 4 proceed immediately upon the expiration of the period of stay 5 and all rights of the defendant to possession of his or her 6 unit shall cease and determine until the date that the 7 judgment may thereafter be vacated in accordance with the 8 foregoing provisions, and notwithstanding payment of the 9 amount of any money judgment if the unit owner or occupant is 10 in arrears for the period after the date of entry of the 11 judgment as provided in this Section. Nothing herein 12 contained shall be construed as affecting the right of the 13 board of managers, or its agents, to any lawful remedy or 14 relief other than that provided by Part 1 of Article IX of 15 this Act. 16 (b) For purposes of determining reasonable attorney's 17 fees under subsection (a), the court shall consider: 18 (i) the time expended by the attorney; 19 (ii) the reasonableness of the hourly rate for the 20 work performed; 21 (iii) the reasonableness of the amount of time 22 expended for the work performed; and 23 (iv) the amount in controversy and the nature of 24 the action. 25 (Source: P.A. 88-417.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.