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90_SB0408ccr001
LRB9002802WHmgccr1
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 408
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 408, recommend the following:
11 (1) that the Senate concur in House Amendment No. 1; and
12 (2) that Senate Bill 408, AS AMENDED, be further amended
13 by inserting after the enacting clause the following:
14 "Section 2. The Code of Civil Procedure is amended by
15 changing Sections 9-104.1 and 9-104.2 as follows:
16 (735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
17 Sec. 9-104.1. Demand; Notice; Return; Condominium and
18 Contract Purchasers.
19 (a) In case there is a contract for the purchase of such
20 lands or tenements or in case of condominium property, the
21 demand shall give the purchaser under such contract, or to
22 the condominium unit owner, as the case may be, at least 30
23 days to satisfy the terms of the demand before an action is
24 filed. In case of a condominium unit, the demand shall set
25 forth the amount claimed which must be paid within the time
26 prescribed in the demand and the time period or periods when
27 the amounts were originally due, unless the demand is for
28 compliance with Section 18(n) of the Condominium Property
29 Act, in which case the demand shall set forth the nature of
30 the lease and memorandum of lease or the leasing requirement
31 not satisfied. The amount claimed shall include regular or
32 special assessments, late charges or interest for delinquent
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1 assessments, and attorneys' fees claimed for services
2 incurred prior to the demand. Attorneys' fees claimed by
3 condominium associations in the demand shall be subject to
4 review by the courts in any forcible entry and detainer
5 proceeding under subsection (b) of Section 9-111 of this Act.
6 The demand shall be signed by the person claiming such
7 possession, his or her agent, or attorney.
8 (b) In the case of a condominium unit, the demand is not
9 invalidated by partial payment of amounts due if the payments
10 do not, at the end of the notice period, total the amounts
11 demanded in the notice for common expenses, unpaid fines,
12 interest, late charges, reasonable attorney fees incurred
13 prior to the initiation of any court action and costs of
14 collection. The person claiming possession, or his or her
15 agent or attorney, may, however, agree in writing to withdraw
16 the demand in exchange for receiving partial payment. To
17 prevent invalidation, the notice must prominently state:
18 "Only FULL PAYMENT of all amounts demanded in this notice
19 will invalidate the demand, unless the person claiming
20 possession, or his or her agent or attorney, agrees in
21 writing to withdraw the demand in exchange for receiving
22 partial payment."
23 (c) The demand set forth in subsection (a) of this
24 Section shall be served either personally upon such purchaser
25 or condominium unit owner or by sending the demand thereof by
26 registered or certified mail with return receipt requested to
27 the last known address of such purchaser or condominium unit
28 owner or in case no one is in the actual possession of the
29 premises, then by posting the same on the premises. When such
30 demand is made by an officer authorized to serve process, his
31 or her return is prima facie evidence of the facts therein
32 stated and if such demand is made by any person not an
33 officer, the return may be sworn to by the person serving the
34 same, and is then prima facie evidence of the facts therein
35 stated. To be effective service under this Section, a demand
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1 sent by certified or registered mail to the last known
2 address need not be received by the purchaser or condominium
3 unit owner. No other demand shall be required as a
4 prerequisite to filing an action under paragraph (7) of
5 subsection (a) of Section 9-102 of this Act. Service of the
6 demand by registered or certified mail shall be deemed
7 effective upon deposit in the United States mail with proper
8 postage prepaid and addressed as provided in this subsection.
9 (Source: P.A. 86-1156; 87-746.)
10 (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
11 Sec. 9-104.2. Demand - Notice - Termination of Lease and
12 Possession of a Condominium.
13 (a) Unless the Board of Managers is seeking to terminate
14 the right of possession of a tenant or other occupant of a
15 unit under an existing lease or other arrangement with
16 between a tenant and the owner of a unit, no demand nor
17 summons need be served upon the tenant or other occupant in
18 connection with an action brought under paragraph (7) of
19 subsection (a) of Section 9-102 of this Article.
20 (a-5) The Board of Managers may seek to terminate the
21 right of possession of a tenant or other occupant of a unit
22 under an existing lease or other arrangement between the
23 tenant or other occupant and the defaulting owner of a unit,
24 either within the same action against the unit owner under
25 paragraph (7) of subsection (a) of Section 9-102 of this
26 Article or independently thereafter under other paragraphs of
27 that subsection. If within the same action under paragraph
28 (7), the tenant or other occupant shall also be served with
29 30 days prior written notice and subsequent summons in the
30 same manner and substantially the same form as the unit owner
31 as provided in this Article. If however an action under
32 paragraph (7) was brought against the defaulting unit owner
33 only, and after obtaining judgment for possession and
34 expiration of the stay on enforcement the Board of Managers
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1 elects not to accept a tenant or occupant in possession as
2 its own, written notice of the judgment against the unit
3 owner and demand to quit the premises shall be served on the
4 tenant or other occupant in the manner provided under Section
5 9-211 at least 10 days prior to bringing suit to recover
6 possession from the tenant or other occupant.
7 (b) If a judgment for possession is granted to the Board
8 of Managers under Section 9-111, any interest of the unit
9 owner to receive rents under any lease arrangement shall be
10 deemed assigned to the Board of Managers until such time as
11 the judgment is vacated.
12 (c) If a judgment for possession is entered, the Board
13 of Managers may obtain from the clerk of the court an
14 informational certificate notifying any tenants not parties
15 to the proceeding of the assignment of the unit owner's
16 interest in the lease arrangement to the Board of Managers as
17 a result of the entry of the judgment for possession and
18 stating that any rent hereinafter due the unit owner or his
19 agent under the lease arrangement should be paid to the Board
20 of Managers until further order of court. If the tenant pays
21 his rent to the association pursuant to the entry of such a
22 judgement for possession, the unit owner may not sue said
23 tenant for any such amounts the tenant pays the association.
24 (c-5) In an action against the unit owner and lessee to
25 evict a lessee for failure of the lessor/owner of the
26 condominium unit to comply with the leasing requirements
27 prescribed by subsection (n) of Section 18 of the Condominium
28 Property Act or by the declaration, bylaws, and rules and
29 regulations of the condominium, or against a lessee for any
30 other breach by the lessee of any covenants, rules,
31 regulations, or bylaws of the condominium, the demand shall
32 give the lessee at least 10 days to quit and vacate the unit.
33 The notice shall be substantially in the following form:
34 "TO A.B. You are hereby notified that in
35 consequence of (here insert lessor-owner name) failure to
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1 comply with the leasing requirements prescribed by
2 Section 18(n) of the Condominium Property Act or by the
3 declaration, bylaws, and rules and regulations of the
4 condominium, or your default of any covenants, rules,
5 regulations or bylaws of the condominium, in (here insert
6 the character of the default) of the premises now
7 occupied by you, being (here described the premises) the
8 Board of Managers of (here describe the condominium)
9 Association elects to terminate your lease, and you are
10 hereby notified to quit and vacate same within 10 days of
11 this date.".
12 The demand shall be signed by the Board of Managers, its
13 agent, or attorney and shall be served either personally upon
14 the lessee with a copy to the unit owner or by sending the
15 demand thereof by registered or certified mail with return
16 receipt requested to the unit occupied by the lessee and to
17 the last known address of the unit owner, and no other demand
18 of termination of such tenancy shall be required. To be
19 effective service under this Section, a demand sent by
20 certified mail, return receipt requested, to the unit
21 occupied by the lessee and to the last known address of the
22 unit owner need not be received by the lessee or condominium
23 unit owner.
24 (d) Nothing in this Section 9-104.2 is intended to
25 confer upon a Board of Managers any greater authority with
26 respect to possession of a unit after a judgment than was
27 previously established by this Act.
28 (Source: P.A. 89-41, eff. 6-23-95.)"; and
29 in Section 10, in Sec. 19, in subsection (g), in subdivision
30 (3), by changing "probable of assertion" to "likely to be
31 asserted" and by changing "mangers" to "managers".
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1 Submitted on , 1997.
2 ______________________________ _____________________________
3 Senator Hawkinson Representative Feigenholtz
4 ______________________________ _____________________________
5 Senator Dillard Representative Dart
6 ______________________________ _____________________________
7 Senator Petka Representative Hannig
8 ______________________________ _____________________________
9 Senator Cullerton Representative Churchill
10 ______________________________ _____________________________
11 Senator Shaw Representative Cross
12 Committee for the Senate Committee for the House