Full Text of SB2489 101st General Assembly
SB2489 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2489 Introduced 1/22/2020, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/9-102 | from Ch. 110, par. 9-102 |
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Amends the Eviction Article of the Code of Civil Procedure. Deletes language that precludes an eviction action in the case of a vendee obtaining possession under a written or verbal agreement to purchase lands or tenements, failing to comply with the agreement, and withholding possession thereof, where the purchase price is to be paid in installments over a period in excess of 5 years and the amount unpaid under the terms of the contract at the time of the filing of a foreclosure complaint is less than 80% of the original purchase price, shall be foreclosed. Provides instead that an eviction action may be brought if the residential real estate is not subject to an installment contract or a specified provision under the Illinois Mortgage Foreclosure Law relating to real estate installment contracts. Effective immediately.
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| | A BILL FOR |
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| 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.
| 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 or | 20 | | otherwise.
| 21 | | (5) When a vendee having obtained possession under a | 22 | | written or
verbal agreement to purchase lands or tenements, | 23 | | and having failed to
comply with the agreement, withholds |
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| 1 | | possession thereof, after demand in
writing by the person | 2 | | entitled to such possession; provided, however,
that any | 3 | | such agreement for residential real estate is not an | 4 | | installment sales contract, as defined in the Installment | 5 | | Sales Contract Act, and is not subject to paragraph (2) of | 6 | | subsection (a) of Section 15-1106 of as defined in the
| 7 | | Illinois Mortgage Foreclosure Law entered into on or after | 8 | | July 1, 1987 where
the purchase price is to be paid in | 9 | | installments over a period in excess of 5
years and the | 10 | | amount unpaid under the terms of the contract at the time | 11 | | of
the filing of a foreclosure complaint under Article XV, | 12 | | including principal
and due and unpaid interest, is less | 13 | | than 80% of the original purchase price
shall be foreclosed | 14 | | under the Illinois Mortgage Foreclosure Law.
| 15 | | This amendatory Act of 1993 is declarative of existing | 16 | | law.
| 17 | | (6) When lands or tenements have been conveyed by any | 18 | | grantor in
possession, or sold under the order or judgment | 19 | | of any court in this State, or
by virtue of any sale in any | 20 | | mortgage or deed of trust contained and the
grantor in | 21 | | possession or party to such order or judgment or to such | 22 | | mortgage or
deed of trust, after the expiration of the time | 23 | | of redemption, when redemption
is allowed by law, refuses | 24 | | or neglects to surrender possession thereof, after
demand | 25 | | in writing by the person entitled thereto, or his or her | 26 | | agent.
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| 1 | | (7) When any property is subject to the provisions of | 2 | | the Condominium
Property Act, the owner of a unit fails or | 3 | | refuses to pay when due his or
her proportionate share of | 4 | | the common expenses of such property, or of any
other | 5 | | expenses lawfully agreed upon or any unpaid fine, the Board | 6 | | of
Managers or its agents have served the demand set forth | 7 | | in Section 9-104.1
of this Article in the manner provided | 8 | | for in that Section and the unit
owner has failed to pay | 9 | | the amount claimed within the time prescribed in
the | 10 | | demand; or if the lessor-owner of a unit fails to comply | 11 | | with the leasing
requirements prescribed by subsection (n) | 12 | | of Section 18 of the Condominium
Property Act or by
the
| 13 | | declaration, by-laws, and rules and regulations of the | 14 | | condominium, or if a
lessee of an owner is in breach of any | 15 | | covenants, rules, regulations, or
by-laws of the | 16 | | condominium, and the Board of Managers or its agents have | 17 | | served
the demand set forth in Section 9-104.2 of this | 18 | | Article in the manner provided
in that Section.
| 19 | | (8) When any property is subject to the provisions of a | 20 | | declaration
establishing a common interest community and | 21 | | requiring the unit owner to
pay regular or special | 22 | | assessments for the maintenance or repair of common
areas | 23 | | owned in common by all of the owners of the common interest | 24 | | community
or by the community association and maintained | 25 | | for the use of the unit
owners or of any other expenses of | 26 | | the association lawfully agreed upon,
and the unit owner |
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| 1 | | fails or refuses to pay when due his or her
proportionate | 2 | | share of such assessments or expenses and the board or its
| 3 | | agents have served the demand set forth in Section 9-104.1 | 4 | | of this Article
in the manner provided for in that Section | 5 | | and the unit owner has failed to
pay the amount claimed | 6 | | within the time prescribed in the demand.
| 7 | | (b) The provisions of paragraph (8) of subsection (a) of | 8 | | Section 9-102
and Section 9-104.3 of this Act shall not apply | 9 | | to any common interest
community unless (1) the association is | 10 | | a not-for-profit corporation or a limited liability company, | 11 | | (2)
unit owners are authorized to attend meetings of the board | 12 | | of directors or
board of managers of the association in the | 13 | | same manner as provided for
condominiums under the Condominium | 14 | | Property Act, and (3) the board of
managers or board of | 15 | | directors of the common interest community association
has, | 16 | | subsequent to the effective date of this amendatory Act of 1984 | 17 | | voted
to have the provisions of this Article apply to such | 18 | | association and has
delivered or mailed notice of such action | 19 | | to the unit owners or unless the
declaration of the association | 20 | | is recorded after the effective date of this
amendatory Act of | 21 | | 1985.
| 22 | | (c) For purposes of this Article:
| 23 | | (1) "Common interest community" means real estate | 24 | | other than a
condominium or cooperative with respect to | 25 | | which any person by virtue of
his or her ownership of a | 26 | | partial interest or unit therein is obligated to
pay for |
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| 1 | | maintenance, improvement, insurance premiums, or real | 2 | | estate taxes
of other real estate described in a | 3 | | declaration which is administered by
an association.
| 4 | | (2) "Declaration" means any duly recorded instruments, | 5 | | however
designated, that have created a common interest | 6 | | community and any duly
recorded amendments to those | 7 | | instruments.
| 8 | | (3) "Unit" means a physical portion of the common | 9 | | interest community
designated by separate ownership or | 10 | | occupancy by boundaries which are
described in a | 11 | | declaration.
| 12 | | (4) "Unit owners' association" or "association" means | 13 | | the association
of all owners of units in the common | 14 | | interest community acting pursuant to
the declaration.
| 15 | | (d) If the board of a common interest community elects to | 16 | | have the
provisions of this Article apply to such association | 17 | | or the declaration of
the association is recorded after the | 18 | | effective date of this amendatory Act
of 1985, the provisions | 19 | | of subsections (c) through (h) of Section 18.5 of
the | 20 | | Condominium Property Act applicable to a Master Association and
| 21 | | condominium unit subject to such association under subsections | 22 | | (c) through
(h) of Section 18.5 shall be applicable to the | 23 | | community associations and
to its unit owners.
| 24 | | (Source: P.A. 99-41, eff. 7-14-15.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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