Full Text of SB0291 96th General Assembly
SB0291sam001 96TH GENERAL ASSEMBLY
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Sen. Mattie Hunter
Filed: 3/12/2009
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| AMENDMENT TO SENATE BILL 291
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| AMENDMENT NO. ______. Amend Senate Bill 291 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 9-102 as follows:
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| (735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
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| Sec. 9-102. When action may be maintained.
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| (a) The person entitled to the possession of lands or | 9 |
| tenements may be
restored thereto under any of the following | 10 |
| circumstances:
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| (1) When a forcible entry is made thereon.
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| (2) When a peaceable entry is made and the possession | 13 |
| unlawfully withheld.
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| (3) When entry is made into vacant or unoccupied lands | 15 |
| or
tenements without right or title.
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| (4) When any lessee of the lands or tenements, or any |
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| person
holding under such lessee, holds possession without | 2 |
| right after the
termination of the lease or tenancy by its | 3 |
| own limitation, condition
or terms, or by notice to quit or | 4 |
| otherwise.
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| (5) When a vendee having obtained possession under a | 6 |
| written or
verbal agreement to purchase lands or tenements, | 7 |
| and having failed to
comply with the agreement, withholds | 8 |
| possession thereof, after demand in
writing by the person | 9 |
| entitled to such possession; provided, however,
that any | 10 |
| such agreement for residential real estate as defined in | 11 |
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Illinois Mortgage Foreclosure Law entered into on or | 12 |
| after July 1, 1987 where
the purchase price is to be paid | 13 |
| in installments over a period in excess of 5
years and the | 14 |
| amount unpaid under the terms of the contract at the time | 15 |
| of
the filing of a foreclosure complaint under Article XV, | 16 |
| including principal
and due and unpaid interest, is less | 17 |
| than 80% of the original purchase price
shall be foreclosed | 18 |
| under the Illinois Mortgage Foreclosure Law.
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| This amendatory Act of 1993 is declarative of existing | 20 |
| law.
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| (6) When lands or tenements have been conveyed by any | 22 |
| grantor in
possession, or sold under the order or judgment | 23 |
| of any court in this State, or
by virtue of any sale in any | 24 |
| mortgage or deed of trust contained and the
grantor in | 25 |
| possession or party to such order or judgment or to such | 26 |
| mortgage or
deed of trust, after the expiration of the time |
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| of redemption, when redemption
is allowed by law, refuses | 2 |
| or neglects to surrender possession thereof, after
demand | 3 |
| in writing by the person entitled thereto, or his or her | 4 |
| agent.
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| (7) When any property is subject to the provisions of | 6 |
| the Condominium
Property Act, the owner of a unit fails or | 7 |
| refuses to pay when due his or
her proportionate share of | 8 |
| the common expenses of such property, or of any
other | 9 |
| expenses lawfully agreed upon or any unpaid fine, the Board | 10 |
| of
Managers or its agents have served the demand set forth | 11 |
| in Section 9-104.1
of this Article in the manner provided | 12 |
| for in that Section and the unit
owner has failed to pay | 13 |
| the amount claimed within the time prescribed in
the | 14 |
| demand; or if the lessor-owner of a unit fails to comply | 15 |
| with the leasing
requirements prescribed by subsection (n) | 16 |
| of Section 18 of the Condominium
Property Act or by
the
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| declaration, by-laws, and rules and regulations of the | 18 |
| condominium, or if a
lessee of an owner is in breach of any | 19 |
| covenants, rules, regulations, or
by-laws of the | 20 |
| condominium, and the Board of Managers or its agents have | 21 |
| served
the demand set forth in Section 9-104.2 of this | 22 |
| Article in the manner provided
in that Section.
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| (8) When any property is subject to the provisions of a | 24 |
| declaration
establishing a common interest community and | 25 |
| requiring the unit owner to
pay regular or special | 26 |
| assessments for the maintenance or repair of common
areas |
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| owned in common by all of the owners of the common interest | 2 |
| community
or by the community association and maintained | 3 |
| for the use of the unit
owners or of any other expenses of | 4 |
| the association lawfully agreed upon,
and the unit owner | 5 |
| fails or refuses to pay when due his or her
proportionate | 6 |
| share of such assessments or expenses and the board or its
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| agents have served the demand set forth in Section 9-104.1 | 8 |
| of this Article
in the manner provided for in that Section | 9 |
| and the unit owner has failed to
pay the amount claimed | 10 |
| within the time prescribed in the demand.
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| (b) The provisions of paragraph (8) of subsection (a) of | 12 |
| Section 9-102
and Section 9-104.3 of this Act shall not apply | 13 |
| to any common interest
community unless (1) the association is | 14 |
| a not-for-profit corporation, (2)
unit owners are authorized to | 15 |
| attend meetings of the board of directors or
board of managers | 16 |
| of the association in the same manner as provided for
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| condominiums under the Condominium Property Act, and (3) the | 18 |
| board of
managers or board of directors of the common interest | 19 |
| community association
has, subsequent to the effective date of | 20 |
| this amendatory Act of 1984 voted
to have the provisions of | 21 |
| this Article apply to such association and has
delivered or | 22 |
| mailed notice of such action to the unit owners or unless the
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| declaration of the association is recorded after the effective | 24 |
| date of this
amendatory Act of 1985.
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| (c) For purposes of this Article:
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| (1) "Common interest community" means real property |
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| other than a condominium or cooperative in which any person | 2 |
| by virtue of his or her ownership of a partial interest or | 3 |
| unit therein, is obligated to pay for maintenance, | 4 |
| improvement, insurance premiums, and/or real estate taxes | 5 |
| or other real estate or common areas maintained for use by | 6 |
| the owners, or any other expenses lawfully agreed upon, and | 7 |
| are described in recorded covenants which is administered | 8 |
| by an association real estate other than a
condominium or | 9 |
| cooperative with respect to which any person by virtue of
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| his or her ownership of a partial interest or unit therein | 11 |
| is obligated to
pay for maintenance, improvement, | 12 |
| insurance premiums, or real estate taxes
of other real | 13 |
| estate described in a declaration which is administered by
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| an association .
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| (2) "Declaration" means any duly recorded instruments, | 16 |
| however
designated, that have created a common interest | 17 |
| community and any duly
recorded amendments to those | 18 |
| instruments.
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| (3) "Unit" means a physical portion of the common | 20 |
| interest community
designated by separate ownership or | 21 |
| occupancy by boundaries which are
described in a | 22 |
| declaration.
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| (4) "Unit owners' association" or "association" means | 24 |
| the association
of all owners of units in the common | 25 |
| interest community acting pursuant to
the declaration.
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| (d) If the board of a common interest community elects to |
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| have the
provisions of this Article apply to such association | 2 |
| or the declaration of
the association is recorded after the | 3 |
| effective date of this amendatory Act
of 1985, the provisions | 4 |
| of subsections (c) through (h) of Section 18.5 of
the | 5 |
| Condominium Property Act applicable to a Master Association and
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| condominium unit subject to such association under subsections | 7 |
| (c) through
(h) of Section 18.5 shall be applicable to the | 8 |
| community associations and
to its unit owners.
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| (Source: P.A. 88-47; 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)
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| Section 10. The Condominium Property Act is amended by | 11 |
| changing Section 2 as follows:
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| (765 ILCS 605/2) (from Ch. 30, par. 302)
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| Sec. 2. Definitions. As used in this Act, unless the | 14 |
| context otherwise
requires:
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| (a) "Declaration" means the instrument by which the | 16 |
| property is
submitted to the provisions of this Act, as | 17 |
| hereinafter provided, and such
declaration as from time to time | 18 |
| amended.
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| (b) "Parcel" means the lot or lots, tract or tracts of | 20 |
| land, described
in the declaration, submitted to the provisions | 21 |
| of this Act.
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| (c) "Property" means all the land, property and space | 23 |
| comprising the
parcel, all improvements and structures | 24 |
| erected, constructed or contained
therein or thereon, |
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| including the building and all easements, rights and
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| appurtenances belonging thereto, and all fixtures and | 3 |
| equipment intended
for the mutual use, benefit or enjoyment of | 4 |
| the unit owners, submitted to
the provisions of this Act.
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| (d) "Unit" means a part of the property designed and | 6 |
| intended for any type
of independent use.
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| (e) "Common Elements" means all portions of the property | 8 |
| except the
units, including limited common elements unless | 9 |
| otherwise specified.
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| (f) "Person" means a natural individual, corporation, | 11 |
| partnership,
trustee or other legal entity capable of holding | 12 |
| title to real property.
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| (g) "Unit Owner" means the person or persons whose estates | 14 |
| or interests,
individually or collectively, aggregate fee | 15 |
| simple absolute ownership of a
unit, or, in the case of a | 16 |
| leasehold condominium, the lessee or lessees of a
unit whose | 17 |
| leasehold ownership of the unit expires simultaneously with the
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| lease described in item (x) of this Section.
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| (h) "Majority" or "majority of the unit owners" means the | 20 |
| owners of more
than 50% in the aggregate in interest of the | 21 |
| undivided ownership of the
common elements. Any specified | 22 |
| percentage of the unit owners means such
percentage in the | 23 |
| aggregate in interest of such undivided ownership.
"Majority" | 24 |
| or "majority of the members of the board of managers" means
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| more than 50% of the total number of persons constituting such | 26 |
| board
pursuant to the bylaws. Any specified percentage of the |
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| members of the
board of managers means that percentage of the | 2 |
| total number of persons
constituting such board pursuant to the | 3 |
| bylaws.
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| (i) "Plat" means a plat or plats of survey of the parcel | 5 |
| and of all
units in the property submitted to the provisions of | 6 |
| this Act, which may
consist of a three-dimensional horizontal | 7 |
| and vertical delineation of all
such units.
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| (j) "Record" means to record in the office of the recorder | 9 |
| or,
whenever required, to file in the office of the Registrar | 10 |
| of Titles of the
county wherein the property is located.
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| (k) "Conversion Condominium" means a property which | 12 |
| contains structures,
excepting those newly constructed and | 13 |
| intended for condominium ownership, which
are, or have | 14 |
| previously been, wholly or partially occupied before recording | 15 |
| of
condominium instruments by persons other than those who have | 16 |
| contracted for the
purchase of condominiums.
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| (l) "Condominium Instruments" means all documents and | 18 |
| authorized
amendments thereto recorded pursuant to the | 19 |
| provisions of the Act,
including the declaration, bylaws and | 20 |
| plat.
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| (m) "Common Expenses" means the proposed or actual expenses | 22 |
| affecting
the property, including reserves, if any, lawfully | 23 |
| assessed by the Board
of Managers of the Unit Owner's | 24 |
| Association.
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| (n) "Reserves" means those sums paid by unit owners which | 26 |
| are separately
maintained by the board of managers for purposes |
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| specified by the board
of managers or the condominium | 2 |
| instruments.
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| (o) "Unit Owners' Association" or "Association" means the | 4 |
| association
of all the unit owners, acting pursuant to bylaws | 5 |
| through its duly elected
board of managers.
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| (p) "Purchaser" means any person or persons other than the | 7 |
| Developer who
purchase a unit in a bona fide transaction for | 8 |
| value.
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| (q) "Developer" means any person who submits property | 10 |
| legally or equitably
owned in fee simple by the developer, or | 11 |
| leased to the developer
under a lease described in item (x) of | 12 |
| this Section, to the
provisions of this
Act, or any person who | 13 |
| offers units
legally or equitably owned in fee simple by the | 14 |
| developer, or leased to the
developer under a lease described | 15 |
| in item (x) of this Section, for
sale
in the ordinary course of
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| such person's business, including any successor or successors | 17 |
| to
such developers' entire
interest in the property other than | 18 |
| the purchaser of an individual unit.
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| (r) "Add-on Condominium" means a property to which | 20 |
| additional property
may be added in accordance with condominium | 21 |
| instruments and this Act.
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| (s) "Limited Common Elements" means a portion of the common | 23 |
| elements so
designated in the declaration as being reserved for | 24 |
| the use of a certain
unit or units to the exclusion of other | 25 |
| units, including but not limited
to balconies, terraces, patios | 26 |
| and parking spaces or facilities.
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| (t) "Building" means all structures, attached or | 2 |
| unattached, containing
one or more units.
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| (u) "Master Association" means an organization described | 4 |
| in Section 18.5
whether or not it is also an association | 5 |
| described in Section 18.3.
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| (v) "Developer Control" means such control at a time prior | 7 |
| to the
election
of the Board of Managers provided for in | 8 |
| Section 18.2(b) of this Act.
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| (w) "Meeting of Board of Managers or Board of Master | 10 |
| Association"
means any gathering of a quorum of the members of | 11 |
| the Board
of Managers or Board of the Master Association held | 12 |
| for the purpose of
conducting board business.
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| (x) "Leasehold Condominium" means a property submitted to | 14 |
| the provisions
of this Act which is subject to a lease, the | 15 |
| expiration or termination of which
would terminate the | 16 |
| condominium and the lessor of which is (i) exempt from
taxation
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| under Section 501(c)(3) of the Internal Revenue Code of 1986, | 18 |
| as amended,
(ii) a
limited liability company whose sole member | 19 |
| is exempt from taxation under
Section 501
(c)(3) of the | 20 |
| Internal Revenue Code of 1986, as amended, or (iii)
a Public | 21 |
| Housing Authority created pursuant to the
Housing Authorities | 22 |
| Act that is located in a municipality having a population
in
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| excess of 1,000,000 inhabitants.
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| (y) "Common Interest Community" means real property other | 25 |
| than a condominium or cooperative in which any person by virtue | 26 |
| of his or her ownership of a partial interest or unit therein, |
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| is obligated to pay for maintenance, improvement, insurance | 2 |
| premiums, and/or real estate taxes or other real estate or | 3 |
| common areas maintained for use by the owners, or any other | 4 |
| expenses lawfully agreed upon, and are described in recorded | 5 |
| covenants which is administered by an association. | 6 |
| (Source: P.A. 93-474, eff. 8-8-03.)".
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