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Rep. Kenneth Dunkin
Filed: 3/19/2010
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09600HB6475ham001 |
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LRB096 21116 AJO 38263 a |
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| AMENDMENT TO HOUSE BILL 6475
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| AMENDMENT NO. ______. Amend House Bill 6475 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Condominium Property Act is amended by |
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| adding Section 33 as follows:
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| (765 ILCS 605/33 new) |
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| Sec. 33. Action against a developer. |
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| (a) Actions based upon tort against a developer for an act |
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| or omission in the construction, design, planning, |
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| supervision, observation or management of the construction of a |
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| condominium, condominium unit, or the common elements of a |
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| condominium shall be commenced against a developer within 10 |
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| years from the time that the unit owner or condominium |
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| association bringing an action knew or should reasonably have |
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| known of such act or omission. |
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| (b) No action based upon tort may be brought against a |
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09600HB6475ham001 |
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LRB096 21116 AJO 38263 a |
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| developer for an act or omission of the developer in the |
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| construction, design, planning, supervision, observation or |
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| management of the construction of a condominium, condominium |
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| unit, or the common elements of a condominium after 10 years |
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| have elapsed from the time of such act or omission. However, |
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| any unit owner or condominium association who discovers such |
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| act or omission prior to the expiration of 10 years from the |
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| time of such act or omission shall in no event have less than 5 |
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| years to bring an action as provided in subsection (a). |
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| (c) If a unit owner otherwise entitled to bring an action |
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| could not have brought such action within the limitation |
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| periods herein solely because the unit owner was under a legal |
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| disability, then the limitation periods herein shall not begin |
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| to run until the disability is removed. |
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| (d) The limitations of this Section shall not apply to |
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| causes of action arising out of fraudulent misrepresentations |
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| or to fraudulent concealment of causes of action. |
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| (e) This Section applies to actions commenced or pending on |
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| or after the effective date of this amendatory Act of the 96th |
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| General Assembly.".
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