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Public Act 102-0071


 

Public Act 0071 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0071
 
SB0071 EnrolledLRB102 04663 LNS 14682 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 9-102 as follows:
 
    (735 ILCS 5/9-102)  (from Ch. 110, par. 9-102)
    Sec. 9-102. When action may be maintained.
    (a) The person entitled to the possession of lands or
tenements may be restored thereto under any of the following
circumstances:
        (1) When a forcible entry is made thereon.
        (2) When a peaceable entry is made and the possession
    unlawfully withheld.
        (3) When entry is made into vacant or unoccupied lands
    or tenements without right or title.
        (4) When any lessee of the lands or tenements, or any
    person holding under such lessee, holds possession without
    right after the termination of the lease or tenancy by its
    own limitation, condition or terms, or by notice to quit
    or otherwise.
        (5) When a vendee having obtained possession under a
    written or verbal agreement to purchase lands or
    tenements, and having failed to comply with the agreement,
    withholds possession thereof, after demand in writing by
    the person entitled to such possession; provided, however,
    that any such agreement for residential real estate
    entered into on or after July 1, 1987 that is an
    installment sales contract, as defined in the Installment
    Sales Contract Act, and the amount unpaid under the terms
    of the contract at the time of the filing of the
    foreclosure complaint, including principal and due and
    unpaid interest, at the rate prior to default, is less
    than 80% of the original purchase price of the real estate
    as stated in the contract, as required under paragraph (2)
    of subsection (a) of Section 15-1106 of the Illinois
    Mortgage Foreclosure Law, is subject to foreclosure
    entered into on or after July 1, 1987 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 under Article XV, including principal and due
    and unpaid interest, is less than 80% of the original
    purchase price shall be foreclosed under the Illinois
    Mortgage Foreclosure Law.
        This amendatory Act of 1993 is declarative of existing
    law.
        (6) When lands or tenements have been conveyed by any
    grantor in possession, or sold under the order or judgment
    of any court in this State, or by virtue of any sale in any
    mortgage or deed of trust contained and the grantor in
    possession or party to such order or judgment or to such
    mortgage or deed of trust, after the expiration of the
    time of redemption, when redemption is allowed by law,
    refuses or neglects to surrender possession thereof, after
    demand in writing by the person entitled thereto, or his
    or her agent.
        (7) When any property is subject to the provisions of
    the Condominium Property Act, the owner of a unit fails or
    refuses to pay when due his or her proportionate share of
    the common expenses of such property, or of any other
    expenses lawfully agreed upon or any unpaid fine, the
    Board of Managers or its agents have served the demand set
    forth in Section 9-104.1 of this Article in the manner
    provided for in that Section and the unit owner has failed
    to pay the amount claimed within the time prescribed in
    the demand; or if the lessor-owner of a unit fails to
    comply with the leasing requirements prescribed by
    subsection (n) of Section 18 of the Condominium Property
    Act or by the declaration, by-laws, and rules and
    regulations of the condominium, or if a lessee of an owner
    is in breach of any covenants, rules, regulations, or
    by-laws of the condominium, and the Board of Managers or
    its agents have served the demand set forth in Section
    9-104.2 of this Article in the manner provided in that
    Section.
        (8) When any property is subject to the provisions of
    a declaration establishing a common interest community and
    requiring the unit owner to pay regular or special
    assessments for the maintenance or repair of common areas
    owned in common by all of the owners of the common interest
    community or by the community association and maintained
    for the use of the unit owners or of any other expenses of
    the association lawfully agreed upon, and the unit owner
    fails or refuses to pay when due his or her proportionate
    share of such assessments or expenses and the board or its
    agents have served the demand set forth in Section 9-104.1
    of this Article in the manner provided for in that Section
    and the unit owner has failed to pay the amount claimed
    within the time prescribed in the demand.
    (b) The provisions of paragraph (8) of subsection (a) of
Section 9-102 and Section 9-104.3 of this Act shall not apply
to any common interest community unless (1) the association is
a not-for-profit corporation or a limited liability company,
(2) unit owners are authorized to attend meetings of the board
of directors or board of managers of the association in the
same manner as provided for condominiums under the Condominium
Property Act, and (3) the board of managers or board of
directors of the common interest community association has,
subsequent to the effective date of this amendatory Act of
1984 voted to have the provisions of this Article apply to such
association and has delivered or mailed notice of such action
to the unit owners or unless the declaration of the
association is recorded after the effective date of this
amendatory Act of 1985.
    (c) For purposes of this Article:
        (1) "Common interest community" means real estate
    other than a condominium or cooperative with respect to
    which any person by virtue of his or her ownership of a
    partial interest or unit therein is obligated to pay for
    maintenance, improvement, insurance premiums, or real
    estate taxes of other real estate described in a
    declaration which is administered by an association.
        (2) "Declaration" means any duly recorded instruments,
    however designated, that have created a common interest
    community and any duly recorded amendments to those
    instruments.
        (3) "Unit" means a physical portion of the common
    interest community designated by separate ownership or
    occupancy by boundaries which are described in a
    declaration.
        (4) "Unit owners' association" or "association" means
    the association of all owners of units in the common
    interest community acting pursuant to the declaration.
    (d) If the board of a common interest community elects to
have the provisions of this Article apply to such association
or the declaration of the association is recorded after the
effective date of this amendatory Act of 1985, the provisions
of subsections (c) through (h) of Section 18.5 of the
Condominium Property Act applicable to a Master Association
and condominium unit subject to such association under
subsections (c) through (h) of Section 18.5 shall be
applicable to the community associations and to its unit
owners.
(Source: P.A. 99-41, eff. 7-14-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/9/2021