Rep. Kenneth Dunkin
Filed: 3/25/2010
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| 1 | AMENDMENT TO HOUSE BILL 6475
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| 2 | AMENDMENT NO. ______. Amend House Bill 6475 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Condominium Property Act is amended by | ||||||
| 5 | adding Section 33 as follows: | ||||||
| 6 | (765 ILCS 605/33 new) | ||||||
| 7 | Sec. 33. Action against a developer. | ||||||
| 8 | (a) Actions based upon tort against a developer for an act | ||||||
| 9 | or omission in the construction, design, planning, | ||||||
| 10 | supervision, observation or management of the construction of a | ||||||
| 11 | condominium, condominium unit, or the common elements of a | ||||||
| 12 | condominium shall be commenced against a developer within 4 | ||||||
| 13 | years from the time that the unit owner or condominium | ||||||
| 14 | association bringing an action knew or should reasonably have | ||||||
| 15 | known of such act or omission. | ||||||
| 16 | (b) If a unit owner otherwise entitled to bring an action | ||||||
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| 1 | could not have brought such action within the limitation | ||||||
| 2 | periods herein solely because the unit owner was under a legal | ||||||
| 3 | disability, then the limitation period herein shall not begin | ||||||
| 4 | to run until the disability is removed. | ||||||
| 5 | (c) The limitation of this Section shall not apply to | ||||||
| 6 | causes of action arising out of fraudulent misrepresentations | ||||||
| 7 | or to fraudulent concealment of causes of action. | ||||||
| 8 | (d) This Section applies to actions commenced or pending on | ||||||
| 9 | or after the effective date of this amendatory Act of the 96th | ||||||
| 10 | General Assembly.".
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