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91_SB0258enr
SB258 Enrolled 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 to shall also be served with 30
28 days prior written notice and subsequent summons in the same
29 manner and substantially the same form as the unit owner as
30 provided in this Article. The tenant or other occupant may be
31 joined as additional defendants at the time the suit is filed
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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 Enrolled -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
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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 Enrolled -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 Enrolled -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.
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