Rep. Kenneth Dunkin
Filed: 3/25/2010
 
 

 




 

 		












09600HB6475ham002

LRB096 21780 AJO 39653 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 4 
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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) If a unit owner otherwise entitled to bring an action 
 


 






09600HB6475ham002
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LRB096 21780 AJO 39653 a




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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 period herein shall not begin 
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to run until the disability is removed.
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    (c) The limitation 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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    (d) 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.".