Public Act 098-0996
 
HB4782 EnrolledLRB098 17137 HEP 52224 b


  
    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 9-111.1 as follows:
 



    (735 ILCS 5/9-111.1)



    Sec. 9-111.1. Lease to bona fide tenant. Upon the entry of 
a judgment
in favor of a board of managers
for possession of 
property under the Condominium Property Act, as provided in

Section 9-111 of this Act, and upon delivery of possession of

the premises by the
sheriff or other authorized official to the 
board of managers pursuant to
execution upon the judgment, the 
board of managers shall have the right and
authority, 
incidental to the right of possession of a unit under the 
judgment,
but not the obligation, to lease the unit to a bona 
fide tenant (whether the
tenant is in occupancy or not) 
pursuant to a written lease for a term which may commence at 
any time within 8 months after the month in which the date of 
expiration of the stay of judgment occurs. The term may not to

exceed 13 months from the date of commencement of the lease. 
The expiration of the stay of judgment unless
extended by order 
of court may, upon motion of the board of managers and with 
notice to the dispossessed unit owner, permit or extend a lease 
for one or more additional terms not to exceed 13 months per 
term.  The
board of managers shall first apply all rental income 
to assessments and other
charges sued upon in the action for 
possession plus statutory interest on a
monetary judgment, if 
any, attorneys' fees, and court costs incurred; and then
to 
other expenses lawfully agreed upon (including late charges), 
any fines and
reasonable expenses necessary to make the unit 
rentable, and lastly to
assessments accrued thereafter until 
assessments are current.  Any surplus
shall be remitted to the 
unit owner.  The court shall retain jurisdiction to
determine 
the reasonableness of the expense of making the unit rentable.

(Source: P.A. 91-357, eff. 7-29-99.)