Sen. Mattie Hunter

Filed: 3/12/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 291

2     AMENDMENT NO. ______. Amend Senate Bill 291 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Code of Civil Procedure is amended by
5 changing Section 9-102 as follows:
 
6     (735 ILCS 5/9-102)  (from Ch. 110, par. 9-102)
7     Sec. 9-102. When action may be maintained.
8     (a) The person entitled to the possession of lands or
9 tenements may be restored thereto under any of the following
10 circumstances:
11         (1) When a forcible entry is made thereon.
12         (2) When a peaceable entry is made and the possession
13     unlawfully withheld.
14         (3) When entry is made into vacant or unoccupied lands
15     or tenements without right or title.
16         (4) When any lessee of the lands or tenements, or any

 

 

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1     person holding under such lessee, holds possession without
2     right after the termination of the lease or tenancy by its
3     own limitation, condition or terms, or by notice to quit or
4     otherwise.
5         (5) When a vendee having obtained possession under a
6     written or verbal agreement to purchase lands or tenements,
7     and having failed to comply with the agreement, withholds
8     possession thereof, after demand in writing by the person
9     entitled to such possession; provided, however, that any
10     such agreement for residential real estate as defined in
11     the Illinois Mortgage Foreclosure Law entered into on or
12     after July 1, 1987 where the purchase price is to be paid
13     in installments over a period in excess of 5 years and the
14     amount unpaid under the terms of the contract at the time
15     of the filing of a foreclosure complaint under Article XV,
16     including principal and due and unpaid interest, is less
17     than 80% of the original purchase price shall be foreclosed
18     under the Illinois Mortgage Foreclosure Law.
19         This amendatory Act of 1993 is declarative of existing
20     law.
21         (6) When lands or tenements have been conveyed by any
22     grantor in possession, or sold under the order or judgment
23     of any court in this State, or by virtue of any sale in any
24     mortgage or deed of trust contained and the grantor in
25     possession or party to such order or judgment or to such
26     mortgage or deed of trust, after the expiration of the time

 

 

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1     of redemption, when redemption is allowed by law, refuses
2     or neglects to surrender possession thereof, after demand
3     in writing by the person entitled thereto, or his or her
4     agent.
5         (7) When any property is subject to the provisions of
6     the Condominium Property Act, the owner of a unit fails or
7     refuses to pay when due his or her proportionate share of
8     the common expenses of such property, or of any other
9     expenses lawfully agreed upon or any unpaid fine, the Board
10     of Managers or its agents have served the demand set forth
11     in Section 9-104.1 of this Article in the manner provided
12     for in that Section and the unit owner has failed to pay
13     the amount claimed within the time prescribed in the
14     demand; or if the lessor-owner of a unit fails to comply
15     with the leasing requirements prescribed by subsection (n)
16     of Section 18 of the Condominium Property Act or by the
17     declaration, by-laws, and rules and regulations of the
18     condominium, or if a lessee of an owner is in breach of any
19     covenants, rules, regulations, or by-laws of the
20     condominium, and the Board of Managers or its agents have
21     served the demand set forth in Section 9-104.2 of this
22     Article in the manner provided in that Section.
23         (8) When any property is subject to the provisions of a
24     declaration establishing a common interest community and
25     requiring the unit owner to pay regular or special
26     assessments for the maintenance or repair of common areas

 

 

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1     owned in common by all of the owners of the common interest
2     community or by the community association and maintained
3     for the use of the unit owners or of any other expenses of
4     the association lawfully agreed upon, and the unit owner
5     fails or refuses to pay when due his or her proportionate
6     share of such assessments or expenses and the board or its
7     agents have served the demand set forth in Section 9-104.1
8     of this Article in the manner provided for in that Section
9     and the unit owner has failed to pay the amount claimed
10     within the time prescribed in the demand.
11     (b) The provisions of paragraph (8) of subsection (a) of
12 Section 9-102 and Section 9-104.3 of this Act shall not apply
13 to any common interest community unless (1) the association is
14 a not-for-profit corporation, (2) unit owners are authorized to
15 attend meetings of the board of directors or board of managers
16 of the association in the same manner as provided for
17 condominiums under the Condominium Property Act, and (3) the
18 board of managers or board of directors of the common interest
19 community association has, subsequent to the effective date of
20 this amendatory Act of 1984 voted to have the provisions of
21 this Article apply to such association and has delivered or
22 mailed notice of such action to the unit owners or unless the
23 declaration of the association is recorded after the effective
24 date of this amendatory Act of 1985.
25     (c) For purposes of this Article:
26         (1) "Common interest community" means real property

 

 

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1     other than a condominium or cooperative in which any person
2     by virtue of his or her ownership of a partial interest or
3     unit therein, is obligated to pay for maintenance,
4     improvement, insurance premiums, and/or real estate taxes
5     or other real estate or common areas maintained for use by
6     the owners, or any other expenses lawfully agreed upon, and
7     are described in recorded covenants which is administered
8     by an association real estate other than a condominium or
9     cooperative with respect to which any person by virtue of
10     his or her ownership of a partial interest or unit therein
11     is obligated to pay for maintenance, improvement,
12     insurance premiums, or real estate taxes of other real
13     estate described in a declaration which is administered by
14     an association.
15         (2) "Declaration" means any duly recorded instruments,
16     however designated, that have created a common interest
17     community and any duly recorded amendments to those
18     instruments.
19         (3) "Unit" means a physical portion of the common
20     interest community designated by separate ownership or
21     occupancy by boundaries which are described in a
22     declaration.
23         (4) "Unit owners' association" or "association" means
24     the association of all owners of units in the common
25     interest community acting pursuant to the declaration.
26     (d) If the board of a common interest community elects to

 

 

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1 have the provisions of this Article apply to such association
2 or the declaration of the association is recorded after the
3 effective date of this amendatory Act of 1985, the provisions
4 of subsections (c) through (h) of Section 18.5 of the
5 Condominium Property Act applicable to a Master Association and
6 condominium unit subject to such association under subsections
7 (c) through (h) of Section 18.5 shall be applicable to the
8 community associations and to its unit owners.
9 (Source: P.A. 88-47; 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)
 
10     Section 10. The Condominium Property Act is amended by
11 changing Section 2 as follows:
 
12     (765 ILCS 605/2)  (from Ch. 30, par. 302)
13     Sec. 2. Definitions. As used in this Act, unless the
14 context otherwise requires:
15     (a) "Declaration" means the instrument by which the
16 property is submitted to the provisions of this Act, as
17 hereinafter provided, and such declaration as from time to time
18 amended.
19     (b) "Parcel" means the lot or lots, tract or tracts of
20 land, described in the declaration, submitted to the provisions
21 of this Act.
22     (c) "Property" means all the land, property and space
23 comprising the parcel, all improvements and structures
24 erected, constructed or contained therein or thereon,

 

 

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1 including the building and all easements, rights and
2 appurtenances belonging thereto, and all fixtures and
3 equipment intended for the mutual use, benefit or enjoyment of
4 the unit owners, submitted to the provisions of this Act.
5     (d) "Unit" means a part of the property designed and
6 intended for any type of independent use.
7     (e) "Common Elements" means all portions of the property
8 except the units, including limited common elements unless
9 otherwise specified.
10     (f) "Person" means a natural individual, corporation,
11 partnership, trustee or other legal entity capable of holding
12 title to real property.
13     (g) "Unit Owner" means the person or persons whose estates
14 or interests, individually or collectively, aggregate fee
15 simple absolute ownership of a unit, or, in the case of a
16 leasehold condominium, the lessee or lessees of a unit whose
17 leasehold ownership of the unit expires simultaneously with the
18 lease described in item (x) of this Section.
19     (h) "Majority" or "majority of the unit owners" means the
20 owners of more than 50% in the aggregate in interest of the
21 undivided ownership of the common elements. Any specified
22 percentage of the unit owners means such percentage in the
23 aggregate in interest of such undivided ownership. "Majority"
24 or "majority of the members of the board of managers" means
25 more than 50% of the total number of persons constituting such
26 board pursuant to the bylaws. Any specified percentage of the

 

 

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1 members of the board of managers means that percentage of the
2 total number of persons constituting such board pursuant to the
3 bylaws.
4     (i) "Plat" means a plat or plats of survey of the parcel
5 and of all units in the property submitted to the provisions of
6 this Act, which may consist of a three-dimensional horizontal
7 and vertical delineation of all such units.
8     (j) "Record" means to record in the office of the recorder
9 or, whenever required, to file in the office of the Registrar
10 of Titles of the county wherein the property is located.
11     (k) "Conversion Condominium" means a property which
12 contains structures, excepting those newly constructed and
13 intended for condominium ownership, which are, or have
14 previously been, wholly or partially occupied before recording
15 of condominium instruments by persons other than those who have
16 contracted for the purchase of condominiums.
17     (l) "Condominium Instruments" means all documents and
18 authorized amendments thereto recorded pursuant to the
19 provisions of the Act, including the declaration, bylaws and
20 plat.
21     (m) "Common Expenses" means the proposed or actual expenses
22 affecting the property, including reserves, if any, lawfully
23 assessed by the Board of Managers of the Unit Owner's
24 Association.
25     (n) "Reserves" means those sums paid by unit owners which
26 are separately maintained by the board of managers for purposes

 

 

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1 specified by the board of managers or the condominium
2 instruments.
3     (o) "Unit Owners' Association" or "Association" means the
4 association of all the unit owners, acting pursuant to bylaws
5 through its duly elected board of managers.
6     (p) "Purchaser" means any person or persons other than the
7 Developer who purchase a unit in a bona fide transaction for
8 value.
9     (q) "Developer" means any person who submits property
10 legally or equitably owned in fee simple by the developer, or
11 leased to the developer under a lease described in item (x) of
12 this Section, to the provisions of this Act, or any person who
13 offers units legally or equitably owned in fee simple by the
14 developer, or leased to the developer under a lease described
15 in item (x) of this Section, for sale in the ordinary course of
16 such person's business, including any successor or successors
17 to such developers' entire interest in the property other than
18 the purchaser of an individual unit.
19     (r) "Add-on Condominium" means a property to which
20 additional property may be added in accordance with condominium
21 instruments and this Act.
22     (s) "Limited Common Elements" means a portion of the common
23 elements so designated in the declaration as being reserved for
24 the use of a certain unit or units to the exclusion of other
25 units, including but not limited to balconies, terraces, patios
26 and parking spaces or facilities.

 

 

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1     (t) "Building" means all structures, attached or
2 unattached, containing one or more units.
3     (u) "Master Association" means an organization described
4 in Section 18.5 whether or not it is also an association
5 described in Section 18.3.
6     (v) "Developer Control" means such control at a time prior
7 to the election of the Board of Managers provided for in
8 Section 18.2(b) of this Act.
9     (w) "Meeting of Board of Managers or Board of Master
10 Association" means any gathering of a quorum of the members of
11 the Board of Managers or Board of the Master Association held
12 for the purpose of conducting board business.
13     (x) "Leasehold Condominium" means a property submitted to
14 the provisions of this Act which is subject to a lease, the
15 expiration or termination of which would terminate the
16 condominium and the lessor of which is (i) exempt from taxation
17 under Section 501(c)(3) of the Internal Revenue Code of 1986,
18 as amended, (ii) a limited liability company whose sole member
19 is exempt from taxation under Section 501 (c)(3) of the
20 Internal Revenue Code of 1986, as amended, or (iii) a Public
21 Housing Authority created pursuant to the Housing Authorities
22 Act that is located in a municipality having a population in
23 excess of 1,000,000 inhabitants.
24     (y) "Common Interest Community" means real property other
25 than a condominium or cooperative in which any person by virtue
26 of his or her ownership of a partial interest or unit therein,

 

 

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1 is obligated to pay for maintenance, improvement, insurance
2 premiums, and/or real estate taxes or other real estate or
3 common areas maintained for use by the owners, or any other
4 expenses lawfully agreed upon, and are described in recorded
5 covenants which is administered by an association.
6 (Source: P.A. 93-474, eff. 8-8-03.)".