HB2360 98TH GENERAL ASSEMBLY

LRB098 06631 HEP 36674 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2360

Introduced , by Rep. Kelly Burke

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-106

from Ch. 110, par. 9-106

Amends the Code of Civil Procedure. Provides that the failure of a condominium association, master association, or common interest community association to maintain, repair, or replace the common elements, common areas, common facilities, or any other property under its jurisdiction or control is not a defense to a forcible entry and detainer action.

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 Code of Civil Procedure is amended by changing Section 9-106 as follows:

(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)

Sec. 9-106. Pleadings and evidence. On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons.

The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. The failure of a condominium association, master association, or common interest community association to maintain, repair, or replace the common elements, common areas, common facilities, or any other property under its jurisdiction or control is not a defense to an action maintained under subdivisions (a)(7) and (a)(8) of Section 9-102 of this Code. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. However, a claim for rent may be joined in the complaint, and judgment may be entered for the amount of rent found due.

(Source: P.A. 90-360, eff. 1-1-98.)