Full Text of HB6207 96th General Assembly
HB6207 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6207
Introduced 2/11/2010, by Rep. Ronald A. Wait SYNOPSIS AS INTRODUCED: |
|
735 ILCS 5/9-102 |
from Ch. 110, par. 9-102 |
|
Amends the Code of Civil Procedure. Provides that a person entitled to possession of land or a building may be restored under several identified circumstances, including: when a forcible entry is made, entry and restoration of possession may be made under the supervision of a law enforcement officer or an employee of a private security agency certified under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor and Locksmith Act of 2004
(instead of when a forcible entry is made). Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB6207 |
|
LRB096 18988 AJO 34376 b |
|
| 1 |
| AN ACT concerning civil law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing 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 | 9 |
| tenements may be
restored thereto under any of the following | 10 |
| circumstances:
| 11 |
| (1) When a forcible entry is made thereon , entry and | 12 |
| restoration of possession may be made under the supervision | 13 |
| of a law enforcement officer or an employee of a private | 14 |
| security agency certified under the Private Detective, | 15 |
| Private Alarm, Private Security, Fingerprint Vendor and | 16 |
| Locksmith Act of 2004 .
| 17 |
| (2) When a peaceable entry is made and the possession | 18 |
| unlawfully withheld.
| 19 |
| (3) When entry is made into vacant or unoccupied lands | 20 |
| or
tenements without right or title.
| 21 |
| (4) When any lessee of the lands or tenements, or any | 22 |
| person
holding under such lessee, holds possession without | 23 |
| right after the
termination of the lease or tenancy by its |
|
|
|
HB6207 |
- 2 - |
LRB096 18988 AJO 34376 b |
|
| 1 |
| own limitation, condition
or terms, or by notice to quit or | 2 |
| otherwise.
| 3 |
| (5) When a vendee having obtained possession under a | 4 |
| written or
verbal agreement to purchase lands or tenements, | 5 |
| and having failed to
comply with the agreement, withholds | 6 |
| possession thereof, after demand in
writing by the person | 7 |
| entitled to such possession; provided, however,
that any | 8 |
| such agreement for residential real estate as defined in | 9 |
| the
Illinois Mortgage Foreclosure Law entered into on or | 10 |
| after July 1, 1987 where
the purchase price is to be paid | 11 |
| in installments over a period in excess of 5
years and the | 12 |
| amount unpaid under the terms of the contract at the time | 13 |
| of
the filing of a foreclosure complaint under Article XV, | 14 |
| including principal
and due and unpaid interest, is less | 15 |
| than 80% of the original purchase price
shall be foreclosed | 16 |
| under the Illinois Mortgage Foreclosure Law.
| 17 |
| This amendatory Act of 1993 is declarative of existing | 18 |
| law.
| 19 |
| (6) When lands or tenements have been conveyed by any | 20 |
| grantor in
possession, or sold under the order or judgment | 21 |
| of any court in this State, or
by virtue of any sale in any | 22 |
| mortgage or deed of trust contained and the
grantor in | 23 |
| possession or party to such order or judgment or to such | 24 |
| mortgage or
deed of trust, after the expiration of the time | 25 |
| of redemption, when redemption
is allowed by law, refuses | 26 |
| or neglects to surrender possession thereof, after
demand |
|
|
|
HB6207 |
- 3 - |
LRB096 18988 AJO 34376 b |
|
| 1 |
| in writing by the person entitled thereto, or his or her | 2 |
| agent.
| 3 |
| (7) When any property is subject to the provisions of | 4 |
| the Condominium
Property Act, the owner of a unit fails or | 5 |
| refuses to pay when due his or
her proportionate share of | 6 |
| the common expenses of such property, or of any
other | 7 |
| expenses lawfully agreed upon or any unpaid fine, the Board | 8 |
| of
Managers or its agents have served the demand set forth | 9 |
| in Section 9-104.1
of this Article in the manner provided | 10 |
| for in that Section and the unit
owner has failed to pay | 11 |
| the amount claimed within the time prescribed in
the | 12 |
| demand; or if the lessor-owner of a unit fails to comply | 13 |
| with the leasing
requirements prescribed by subsection (n) | 14 |
| of Section 18 of the Condominium
Property Act or by
the
| 15 |
| declaration, by-laws, and rules and regulations of the | 16 |
| condominium, or if a
lessee of an owner is in breach of any | 17 |
| covenants, rules, regulations, or
by-laws of the | 18 |
| condominium, and the Board of Managers or its agents have | 19 |
| served
the demand set forth in Section 9-104.2 of this | 20 |
| Article in the manner provided
in that Section.
| 21 |
| (8) When any property is subject to the provisions of a | 22 |
| declaration
establishing a common interest community and | 23 |
| requiring the unit owner to
pay regular or special | 24 |
| assessments for the maintenance or repair of common
areas | 25 |
| owned in common by all of the owners of the common interest | 26 |
| community
or by the community association and maintained |
|
|
|
HB6207 |
- 4 - |
LRB096 18988 AJO 34376 b |
|
| 1 |
| for the use of the unit
owners or of any other expenses of | 2 |
| the association lawfully agreed upon,
and the unit owner | 3 |
| fails or refuses to pay when due his or her
proportionate | 4 |
| share of such assessments or expenses and the board or its
| 5 |
| agents have served the demand set forth in Section 9-104.1 | 6 |
| of this Article
in the manner provided for in that Section | 7 |
| and the unit owner has failed to
pay the amount claimed | 8 |
| within the time prescribed in the demand.
| 9 |
| (b) The provisions of paragraph (8) of subsection (a) of | 10 |
| Section 9-102
and Section 9-104.3 of this Act shall not apply | 11 |
| to any common interest
community unless (1) the association is | 12 |
| a not-for-profit corporation, (2)
unit owners are authorized to | 13 |
| attend meetings of the board of directors or
board of managers | 14 |
| of the association in the same manner as provided for
| 15 |
| condominiums under the Condominium Property Act, and (3) the | 16 |
| board of
managers or board of directors of the common interest | 17 |
| community association
has, subsequent to the effective date of | 18 |
| this amendatory Act of 1984 voted
to have the provisions of | 19 |
| this Article apply to such association and has
delivered or | 20 |
| mailed notice of such action to the unit owners or unless the
| 21 |
| declaration of the association is recorded after the effective | 22 |
| date of this
amendatory Act of 1985.
| 23 |
| (c) For purposes of this Article:
| 24 |
| (1) "Common interest community" means real estate | 25 |
| other than a
condominium or cooperative with respect to | 26 |
| which any person by virtue of
his or her ownership of a |
|
|
|
HB6207 |
- 5 - |
LRB096 18988 AJO 34376 b |
|
| 1 |
| partial interest or unit therein is obligated to
pay for | 2 |
| maintenance, improvement, insurance premiums, or real | 3 |
| estate taxes
of other real estate described in a | 4 |
| declaration which is administered by
an association.
| 5 |
| (2) "Declaration" means any duly recorded instruments, | 6 |
| however
designated, that have created a common interest | 7 |
| community and any duly
recorded amendments to those | 8 |
| instruments.
| 9 |
| (3) "Unit" means a physical portion of the common | 10 |
| interest community
designated by separate ownership or | 11 |
| occupancy by boundaries which are
described in a | 12 |
| declaration.
| 13 |
| (4) "Unit owners' association" or "association" means | 14 |
| the association
of all owners of units in the common | 15 |
| interest community acting pursuant to
the declaration.
| 16 |
| (d) If the board of a common interest community elects to | 17 |
| have the
provisions of this Article apply to such association | 18 |
| or the declaration of
the association is recorded after the | 19 |
| effective date of this amendatory Act
of 1985, the provisions | 20 |
| of subsections (c) through (h) of Section 18.5 of
the | 21 |
| Condominium Property Act applicable to a Master Association and
| 22 |
| condominium unit subject to such association under subsections | 23 |
| (c) through
(h) of Section 18.5 shall be applicable to the | 24 |
| community associations and
to its unit owners.
| 25 |
| (Source: P.A. 88-47; 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)
| 26 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
HB6207 |
- 6 - |
LRB096 18988 AJO 34376 b |
|
| 1 |
| becoming law.
|
|