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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2360 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED:
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735 ILCS 5/9-106 | from Ch. 110, par. 9-106 |
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Amends the Code of Civil Procedure. Provides that the failure of a condominium association, master association, or common interest community association to maintain, repair, or replace the common elements, common areas, common facilities, or any other property under its jurisdiction or control is not a defense to a forcible entry and detainer action.
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| | A BILL FOR |
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| | HB2360 | | LRB098 06631 HEP 36674 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 9-106 as follows:
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| 6 | | (735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
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| 7 | | Sec. 9-106. Pleadings and evidence. On complaint by the |
| 8 | | party or parties
entitled to
the possession of such premises |
| 9 | | being filed in the circuit court for the
county where such |
| 10 | | premises are situated, stating that such party is
entitled to |
| 11 | | the possession of such premises (describing the same with
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| 12 | | reasonable certainty), and that the defendant (naming the |
| 13 | | defendant) unlawfully
withholds the possession thereof from |
| 14 | | him, her or them, the clerk of the
court shall issue a summons.
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| 15 | | The defendant may under a general denial of the allegations |
| 16 | | of the
complaint offer in evidence any matter in defense of the |
| 17 | | action.
The failure of a condominium association, master |
| 18 | | association, or common interest community association to |
| 19 | | maintain, repair, or replace the common elements, common areas, |
| 20 | | common facilities, or any other property under its jurisdiction |
| 21 | | or control is not a defense to an action maintained under |
| 22 | | subdivisions (a)(7) and (a)(8) of Section 9-102 of this Code. |
| 23 | | Except as otherwise provided in Section 9-120,
no
matters not |