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Public Act 102-0071
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| SB0071 Enrolled | LRB102 04663 LNS 14682 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 9-102 as follows:
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(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
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Sec. 9-102. When action may be maintained.
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(a) The person entitled to the possession of lands or |
tenements may be
restored thereto under any of the following |
circumstances:
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(1) When a forcible entry is made thereon.
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(2) When a peaceable entry is made and the possession |
unlawfully withheld.
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(3) When entry is made into vacant or unoccupied lands |
or
tenements without right or title.
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(4) When any lessee of the lands or tenements, or any |
person
holding under such lessee, holds possession without |
right after the
termination of the lease or tenancy by its |
own limitation, condition
or terms, or by notice to quit |
or otherwise.
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(5) When a vendee having obtained possession under a |
written or
verbal agreement to purchase lands or |
tenements, and having failed to
comply with the agreement, |
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withholds possession thereof, after demand in
writing by |
the person entitled to such possession; provided, however,
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that any such agreement for residential real estate |
entered into on or after July 1, 1987 that is an |
installment sales contract, as defined in the Installment |
Sales Contract Act, and the amount unpaid under the terms |
of the contract at the time of the filing of the |
foreclosure complaint, including principal and due and |
unpaid interest, at the rate prior to default, is less |
than 80% of the original purchase price of the real estate |
as stated in the contract, as required under paragraph (2) |
of subsection (a) of Section 15-1106 of the
Illinois |
Mortgage Foreclosure Law, is subject to foreclosure |
entered into on or after July 1, 1987 where
the purchase |
price is to be paid in installments over a period in excess |
of 5
years and the amount unpaid under the terms of the |
contract at the time of
the filing of a foreclosure |
complaint under Article XV, including principal
and due |
and unpaid interest, is less than 80% of the original |
purchase price
shall be foreclosed under the Illinois |
Mortgage Foreclosure Law.
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This amendatory Act of 1993 is declarative of existing |
law.
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(6) When lands or tenements have been conveyed by any |
grantor in
possession, or sold under the order or judgment |
of any court in this State, or
by virtue of any sale in any |
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mortgage or deed of trust contained and the
grantor in |
possession or party to such order or judgment or to such |
mortgage or
deed of trust, after the expiration of the |
time of redemption, when redemption
is allowed by law, |
refuses or neglects to surrender possession thereof, after
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demand in writing by the person entitled thereto, or his |
or her agent.
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(7) When any property is subject to the provisions of |
the Condominium
Property Act, the owner of a unit fails or |
refuses to pay when due his or
her proportionate share of |
the common expenses of such property, or of any
other |
expenses lawfully agreed upon or any unpaid fine, the |
Board of
Managers or its agents have served the demand set |
forth in Section 9-104.1
of this Article in the manner |
provided for in that Section and the unit
owner has failed |
to pay the amount claimed within the time prescribed in
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the demand; or if the lessor-owner of a unit fails to |
comply with the leasing
requirements prescribed by |
subsection (n) of Section 18 of the Condominium
Property |
Act or by
the
declaration, by-laws, and rules and |
regulations of the condominium, or if a
lessee of an owner |
is in breach of any covenants, rules, regulations, or
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by-laws of the condominium, and the Board of Managers or |
its agents have served
the demand set forth in Section |
9-104.2 of this Article in the manner provided
in that |
Section.
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(8) When any property is subject to the provisions of |
a declaration
establishing a common interest community and |
requiring the unit owner to
pay regular or special |
assessments for the maintenance or repair of common
areas |
owned in common by all of the owners of the common interest |
community
or by the community association and maintained |
for the use of the unit
owners or of any other expenses of |
the association lawfully agreed upon,
and the unit owner |
fails or refuses to pay when due his or her
proportionate |
share of such assessments or expenses and the board or its
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agents have served the demand set forth in Section 9-104.1 |
of this Article
in the manner provided for in that Section |
and the unit owner has failed to
pay the amount claimed |
within the time prescribed in the demand.
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(b) The provisions of paragraph (8) of subsection (a) of |
Section 9-102
and Section 9-104.3 of this Act shall not apply |
to any common interest
community unless (1) the association is |
a not-for-profit corporation or a limited liability company, |
(2)
unit owners are authorized to attend meetings of the board |
of directors or
board of managers of the association in the |
same manner as provided for
condominiums under the Condominium |
Property Act, and (3) the board of
managers or board of |
directors of the common interest community association
has, |
subsequent to the effective date of this amendatory Act of |
1984 voted
to have the provisions of this Article apply to such |
association and has
delivered or mailed notice of such action |
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to the unit owners or unless the
declaration of the |
association is recorded after the effective date of this
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amendatory Act of 1985.
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(c) For purposes of this Article:
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(1) "Common interest community" means real estate |
other than a
condominium or cooperative with respect to |
which any person by virtue of
his or her ownership of a |
partial interest or unit therein is obligated to
pay for |
maintenance, improvement, insurance premiums, or real |
estate taxes
of other real estate described in a |
declaration which is administered by
an association.
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(2) "Declaration" means any duly recorded instruments, |
however
designated, that have created a common interest |
community and any duly
recorded amendments to those |
instruments.
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(3) "Unit" means a physical portion of the common |
interest community
designated by separate ownership or |
occupancy by boundaries which are
described in a |
declaration.
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(4) "Unit owners' association" or "association" means |
the association
of all owners of units in the common |
interest community acting pursuant to
the declaration.
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(d) If the board of a common interest community elects to |
have the
provisions of this Article apply to such association |
or the declaration of
the association is recorded after the |
effective date of this amendatory Act
of 1985, the provisions |