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| | HB2360 Engrossed | | 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 |