Illinois General Assembly - Full Text of SB0071
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Full Text of SB0071  102nd General Assembly

SB0071enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0071 EnrolledLRB102 04663 LNS 14682 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-102 as follows:
 
6    (735 ILCS 5/9-102)  (from Ch. 110, par. 9-102)
7    Sec. 9-102. When action may be maintained.
8    (a) The person entitled to the possession of lands or
9tenements may be restored thereto under any of the following
10circumstances:
11        (1) When a forcible entry is made thereon.
12        (2) When a peaceable entry is made and the possession
13    unlawfully withheld.
14        (3) When entry is made into vacant or unoccupied lands
15    or tenements without right or title.
16        (4) When any lessee of the lands or tenements, or any
17    person holding under such lessee, holds possession without
18    right after the termination of the lease or tenancy by its
19    own limitation, condition or terms, or by notice to quit
20    or otherwise.
21        (5) When a vendee having obtained possession under a
22    written or verbal agreement to purchase lands or
23    tenements, and having failed to comply with the agreement,

 

 

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1    withholds possession thereof, after demand in writing by
2    the person entitled to such possession; provided, however,
3    that any such agreement for residential real estate
4    entered into on or after July 1, 1987 that is an
5    installment sales contract, as defined in the Installment
6    Sales Contract Act, and the amount unpaid under the terms
7    of the contract at the time of the filing of the
8    foreclosure complaint, including principal and due and
9    unpaid interest, at the rate prior to default, is less
10    than 80% of the original purchase price of the real estate
11    as stated in the contract, as required under paragraph (2)
12    of subsection (a) of Section 15-1106 of the Illinois
13    Mortgage Foreclosure Law, is subject to foreclosure
14    entered into on or after July 1, 1987 where the purchase
15    price is to be paid in installments over a period in excess
16    of 5 years and the amount unpaid under the terms of the
17    contract at the time of the filing of a foreclosure
18    complaint under Article XV, including principal and due
19    and unpaid interest, is less than 80% of the original
20    purchase price shall be foreclosed under the Illinois
21    Mortgage Foreclosure Law.
22        This amendatory Act of 1993 is declarative of existing
23    law.
24        (6) When lands or tenements have been conveyed by any
25    grantor in possession, or sold under the order or judgment
26    of any court in this State, or by virtue of any sale in any

 

 

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1    mortgage or deed of trust contained and the grantor in
2    possession or party to such order or judgment or to such
3    mortgage or deed of trust, after the expiration of the
4    time of redemption, when redemption is allowed by law,
5    refuses or neglects to surrender possession thereof, after
6    demand in writing by the person entitled thereto, or his
7    or her agent.
8        (7) When any property is subject to the provisions of
9    the Condominium Property Act, the owner of a unit fails or
10    refuses to pay when due his or her proportionate share of
11    the common expenses of such property, or of any other
12    expenses lawfully agreed upon or any unpaid fine, the
13    Board of Managers or its agents have served the demand set
14    forth in Section 9-104.1 of this Article in the manner
15    provided for in that Section and the unit owner has failed
16    to pay the amount claimed within the time prescribed in
17    the demand; or if the lessor-owner of a unit fails to
18    comply with the leasing requirements prescribed by
19    subsection (n) of Section 18 of the Condominium Property
20    Act or by the declaration, by-laws, and rules and
21    regulations of the condominium, or if a lessee of an owner
22    is in breach of any covenants, rules, regulations, or
23    by-laws of the condominium, and the Board of Managers or
24    its agents have served the demand set forth in Section
25    9-104.2 of this Article in the manner provided in that
26    Section.

 

 

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1        (8) When any property is subject to the provisions of
2    a declaration establishing a common interest community and
3    requiring the unit owner to pay regular or special
4    assessments for the maintenance or repair of common areas
5    owned in common by all of the owners of the common interest
6    community or by the community association and maintained
7    for the use of the unit owners or of any other expenses of
8    the association lawfully agreed upon, and the unit owner
9    fails or refuses to pay when due his or her proportionate
10    share of such assessments or expenses and the board or its
11    agents have served the demand set forth in Section 9-104.1
12    of this Article in the manner provided for in that Section
13    and the unit owner has failed to pay the amount claimed
14    within the time prescribed in the demand.
15    (b) The provisions of paragraph (8) of subsection (a) of
16Section 9-102 and Section 9-104.3 of this Act shall not apply
17to any common interest community unless (1) the association is
18a not-for-profit corporation or a limited liability company,
19(2) unit owners are authorized to attend meetings of the board
20of directors or board of managers of the association in the
21same manner as provided for condominiums under the Condominium
22Property Act, and (3) the board of managers or board of
23directors of the common interest community association has,
24subsequent to the effective date of this amendatory Act of
251984 voted to have the provisions of this Article apply to such
26association and has delivered or mailed notice of such action

 

 

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1to the unit owners or unless the declaration of the
2association is recorded after the effective date of this
3amendatory Act of 1985.
4    (c) For purposes of this Article:
5        (1) "Common interest community" means real estate
6    other than a condominium or cooperative with respect to
7    which any person by virtue of his or her ownership of a
8    partial interest or unit therein is obligated to pay for
9    maintenance, improvement, insurance premiums, or real
10    estate taxes of other real estate described in a
11    declaration which is administered by an association.
12        (2) "Declaration" means any duly recorded instruments,
13    however designated, that have created a common interest
14    community and any duly recorded amendments to those
15    instruments.
16        (3) "Unit" means a physical portion of the common
17    interest community designated by separate ownership or
18    occupancy by boundaries which are described in a
19    declaration.
20        (4) "Unit owners' association" or "association" means
21    the association of all owners of units in the common
22    interest community acting pursuant to the declaration.
23    (d) If the board of a common interest community elects to
24have the provisions of this Article apply to such association
25or the declaration of the association is recorded after the
26effective date of this amendatory Act of 1985, the provisions

 

 

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1of subsections (c) through (h) of Section 18.5 of the
2Condominium Property Act applicable to a Master Association
3and condominium unit subject to such association under
4subsections (c) through (h) of Section 18.5 shall be
5applicable to the community associations and to its unit
6owners.
7(Source: P.A. 99-41, eff. 7-14-15.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.