Full Text of SB2489 101st General Assembly
SB2489sam002 101ST GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/4/2020
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| 1 | | AMENDMENT TO SENATE BILL 2489
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2489 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | 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.
| 5 | | (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 entered into on | 11 | | or after July 1, 1987 that is an installment sales | 12 | | contract, as defined in the Installment Sales Contract Act, | 13 | | and the amount unpaid under the terms of the contract at | 14 | | the time of the filing of the foreclosure complaint, | 15 | | including principal and due and unpaid interest, at the | 16 | | rate prior to default, is less than 80% of the original | 17 | | purchase price of the real estate as stated in the | 18 | | contract, as required under paragraph (2) of subsection (a) | 19 | | of Section 15-1106 of the
Illinois Mortgage Foreclosure | 20 | | Law , is subject to foreclosure entered into on or after | 21 | | July 1, 1987 where
the purchase price is to be paid in | 22 | | installments over a period in excess of 5
years and the | 23 | | amount unpaid under the terms of the contract at the time | 24 | | of
the filing of a foreclosure complaint under Article XV, | 25 | | including principal
and due and unpaid interest, is less | 26 | | than 80% of the original purchase price
shall be foreclosed |
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| 1 | | under the Illinois Mortgage Foreclosure Law .
| 2 | | This amendatory Act of 1993 is declarative of existing | 3 | | law.
| 4 | | (6) When lands or tenements have been conveyed by any | 5 | | grantor in
possession, or sold under the order or judgment | 6 | | of any court in this State, or
by virtue of any sale in any | 7 | | mortgage or deed of trust contained and the
grantor in | 8 | | possession or party to such order or judgment or to such | 9 | | mortgage or
deed of trust, after the expiration of the time | 10 | | of redemption, when redemption
is allowed by law, refuses | 11 | | or neglects to surrender possession thereof, after
demand | 12 | | in writing by the person entitled thereto, or his or her | 13 | | agent.
| 14 | | (7) When any property is subject to the provisions of | 15 | | the Condominium
Property Act, the owner of a unit fails or | 16 | | refuses to pay when due his or
her proportionate share of | 17 | | the common expenses of such property, or of any
other | 18 | | expenses lawfully agreed upon or any unpaid fine, the Board | 19 | | of
Managers or its agents have served the demand set forth | 20 | | in Section 9-104.1
of this Article in the manner provided | 21 | | for in that Section and the unit
owner has failed to pay | 22 | | the amount claimed within the time prescribed in
the | 23 | | demand; or if the lessor-owner of a unit fails to comply | 24 | | with the leasing
requirements prescribed by subsection (n) | 25 | | of Section 18 of the Condominium
Property Act or by
the
| 26 | | declaration, by-laws, and rules and regulations of the |
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| 1 | | condominium, or if a
lessee of an owner is in breach of any | 2 | | covenants, rules, regulations, or
by-laws of the | 3 | | condominium, and the Board of Managers or its agents have | 4 | | served
the demand set forth in Section 9-104.2 of this | 5 | | Article in the manner provided
in that Section.
| 6 | | (8) When any property is subject to the provisions of a | 7 | | declaration
establishing a common interest community and | 8 | | requiring the unit owner to
pay regular or special | 9 | | assessments for the maintenance or repair of common
areas | 10 | | owned in common by all of the owners of the common interest | 11 | | community
or by the community association and maintained | 12 | | for the use of the unit
owners or of any other expenses of | 13 | | the association lawfully agreed upon,
and the unit owner | 14 | | fails or refuses to pay when due his or her
proportionate | 15 | | share of such assessments or expenses and the board or its
| 16 | | agents have served the demand set forth in Section 9-104.1 | 17 | | of this Article
in the manner provided for in that Section | 18 | | and the unit owner has failed to
pay the amount claimed | 19 | | within the time prescribed in the demand.
| 20 | | (b) The provisions of paragraph (8) of subsection (a) of | 21 | | Section 9-102
and Section 9-104.3 of this Act shall not apply | 22 | | to any common interest
community unless (1) the association is | 23 | | a not-for-profit corporation or a limited liability company, | 24 | | (2)
unit owners are authorized to attend meetings of the board | 25 | | of directors or
board of managers of the association in the | 26 | | same manner as provided for
condominiums under the Condominium |
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| 1 | | Property Act, and (3) the board of
managers or board of | 2 | | directors of the common interest community association
has, | 3 | | subsequent to the effective date of this amendatory Act of 1984 | 4 | | voted
to have the provisions of this Article apply to such | 5 | | association and has
delivered or mailed notice of such action | 6 | | to the unit owners or unless the
declaration of the association | 7 | | is recorded after the effective date of this
amendatory Act of | 8 | | 1985.
| 9 | | (c) For purposes of this Article:
| 10 | | (1) "Common interest community" means real estate | 11 | | other than a
condominium or cooperative with respect to | 12 | | which any person by virtue of
his or her ownership of a | 13 | | partial interest or unit therein is obligated to
pay for | 14 | | maintenance, improvement, insurance premiums, or real | 15 | | estate taxes
of other real estate described in a | 16 | | declaration which is administered by
an association.
| 17 | | (2) "Declaration" means any duly recorded instruments, | 18 | | however
designated, that have created a common interest | 19 | | community and any duly
recorded amendments to those | 20 | | instruments.
| 21 | | (3) "Unit" means a physical portion of the common | 22 | | interest community
designated by separate ownership or | 23 | | occupancy by boundaries which are
described in a | 24 | | declaration.
| 25 | | (4) "Unit owners' association" or "association" means | 26 | | the association
of all owners of units in the common |
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| 1 | | interest community acting pursuant to
the declaration.
| 2 | | (d) If the board of a common interest community elects to | 3 | | have the
provisions of this Article apply to such association | 4 | | or the declaration of
the association is recorded after the | 5 | | effective date of this amendatory Act
of 1985, the provisions | 6 | | of subsections (c) through (h) of Section 18.5 of
the | 7 | | Condominium Property Act applicable to a Master Association and
| 8 | | condominium unit subject to such association under subsections | 9 | | (c) through
(h) of Section 18.5 shall be applicable to the | 10 | | community associations and
to its unit owners.
| 11 | | (Source: P.A. 99-41, eff. 7-14-15.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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