Public Act 90-0496 of the 90th General Assembly
Public Act 90-0496
SB408 Enrolled LRB9002802WHcw
AN ACT concerning property, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Code of Civil Procedure is amended by
changing Sections 9-104.1 and 9-104.2 as follows:
(735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
Sec. 9-104.1. Demand; Notice; Return; Condominium and
Contract Purchasers.
(a) In case there is a contract for the purchase of such
lands or tenements or in case of condominium property, the
demand shall give the purchaser under such contract, or to
the condominium unit owner, as the case may be, at least 30
days to satisfy the terms of the demand before an action is
filed. In case of a condominium unit, the demand shall set
forth the amount claimed which must be paid within the time
prescribed in the demand and the time period or periods when
the amounts were originally due, unless the demand is for
compliance with Section 18(n) of the Condominium Property
Act, in which case the demand shall set forth the nature of
the lease and memorandum of lease or the leasing requirement
not satisfied. The amount claimed shall include regular or
special assessments, late charges or interest for delinquent
assessments, and attorneys' fees claimed for services
incurred prior to the demand. Attorneys' fees claimed by
condominium associations in the demand shall be subject to
review by the courts in any forcible entry and detainer
proceeding under subsection (b) of Section 9-111 of this Act.
The demand shall be signed by the person claiming such
possession, his or her agent, or attorney.
(b) In the case of a condominium unit, the demand is not
invalidated by partial payment of amounts due if the payments
do not, at the end of the notice period, total the amounts
demanded in the notice for common expenses, unpaid fines,
interest, late charges, reasonable attorney fees incurred
prior to the initiation of any court action and costs of
collection. The person claiming possession, or his or her
agent or attorney, may, however, agree in writing to withdraw
the demand in exchange for receiving partial payment. To
prevent invalidation, the notice must prominently state:
"Only FULL PAYMENT of all amounts demanded in this notice
will invalidate the demand, unless the person claiming
possession, or his or her agent or attorney, agrees in
writing to withdraw the demand in exchange for receiving
partial payment."
(c) The demand set forth in subsection (a) of this
Section shall be served either personally upon such purchaser
or condominium unit owner or by sending the demand thereof by
registered or certified mail with return receipt requested to
the last known address of such purchaser or condominium unit
owner or in case no one is in the actual possession of the
premises, then by posting the same on the premises. When such
demand is made by an officer authorized to serve process, his
or her return is prima facie evidence of the facts therein
stated and if such demand is made by any person not an
officer, the return may be sworn to by the person serving the
same, and is then prima facie evidence of the facts therein
stated. To be effective service under this Section, a demand
sent by certified or registered mail to the last known
address need not be received by the purchaser or condominium
unit owner. No other demand shall be required as a
prerequisite to filing an action under paragraph (7) of
subsection (a) of Section 9-102 of this Act. Service of the
demand by registered or certified mail shall be deemed
effective upon deposit in the United States mail with proper
postage prepaid and addressed as provided in this subsection.
(Source: P.A. 86-1156; 87-746.)
(735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
Sec. 9-104.2. Demand - Notice - Termination of Lease and
Possession of a Condominium.
(a) Unless the Board of Managers is seeking to terminate
the right of possession of a tenant or other occupant of a
unit under an existing lease or other arrangement with
between a tenant and the owner of a unit, no demand nor
summons need be served upon the tenant or other occupant in
connection with an action brought under paragraph (7) of
subsection (a) of Section 9-102 of this Article.
(a-5) The Board of Managers may seek to terminate the
right of possession of a tenant or other occupant of a unit
under an existing lease or other arrangement between the
tenant or other occupant and the defaulting owner of a unit,
either within the same action against the unit owner under
paragraph (7) of subsection (a) of Section 9-102 of this
Article or independently thereafter under other paragraphs of
that subsection. If within the same action under paragraph
(7), the tenant or other occupant shall also be served with
30 days prior written notice and subsequent summons in the
same manner and substantially the same form as the unit owner
as provided in this Article. If however an action under
paragraph (7) was brought against the defaulting unit owner
only, and after obtaining judgment for possession and
expiration of the stay on enforcement the Board of Managers
elects not to accept a tenant or occupant in possession as
its own, written notice of the judgment against the unit
owner and demand to quit the premises shall be served on the
tenant or other occupant in the manner provided under Section
9-211 at least 10 days prior to bringing suit to recover
possession from the tenant or other occupant.
(b) If a judgment for possession is granted to the Board
of Managers under Section 9-111, any interest of the unit
owner to receive rents under any lease arrangement shall be
deemed assigned to the Board of Managers until such time as
the judgment is vacated.
(c) If a judgment for possession is entered, the Board
of Managers may obtain from the clerk of the court an
informational certificate notifying any tenants not parties
to the proceeding of the assignment of the unit owner's
interest in the lease arrangement to the Board of Managers as
a result of the entry of the judgment for possession and
stating that any rent hereinafter due the unit owner or his
agent under the lease arrangement should be paid to the Board
of Managers until further order of court. If the tenant pays
his rent to the association pursuant to the entry of such a
judgement for possession, the unit owner may not sue said
tenant for any such amounts the tenant pays the association.
(c-5) In an action against the unit owner and lessee to
evict a lessee for failure of the lessor/owner of the
condominium unit to comply with the leasing requirements
prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by the declaration, bylaws, and rules and
regulations of the condominium, or against a lessee for any
other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall
give the lessee at least 10 days to quit and vacate the unit.
The notice shall be substantially in the following form:
"TO A.B. You are hereby notified that in
consequence of (here insert lessor-owner name) failure to
comply with the leasing requirements prescribed by
Section 18(n) of the Condominium Property Act or by the
declaration, bylaws, and rules and regulations of the
condominium, or your default of any covenants, rules,
regulations or bylaws of the condominium, in (here insert
the character of the default) of the premises now
occupied by you, being (here described the premises) the
Board of Managers of (here describe the condominium)
Association elects to terminate your lease, and you are
hereby notified to quit and vacate same within 10 days of
this date.".
The demand shall be signed by the Board of Managers, its
agent, or attorney and shall be served either personally upon
the lessee with a copy to the unit owner or by sending the
demand thereof by registered or certified mail with return
receipt requested to the unit occupied by the lessee and to
the last known address of the unit owner, and no other demand
of termination of such tenancy shall be required. To be
effective service under this Section, a demand sent by
certified mail, return receipt requested, to the unit
occupied by the lessee and to the last known address of the
unit owner need not be received by the lessee or condominium
unit owner.
(d) Nothing in this Section 9-104.2 is intended to
confer upon a Board of Managers any greater authority with
respect to possession of a unit after a judgment than was
previously established by this Act.
(Source: P.A. 89-41, eff. 6-23-95.)
Section 5. The Entry on Adjoining Land to Accomplish
Repairs Act is amended by changing Section 1 as follows:
(765 ILCS 125/1) (from Ch. 30, par. 1051)
Sec. 1. If repair and maintenance of a single family
residence existing on the date this Act takes effect cannot
be reasonably accomplished without entering onto the
adjoining land, and if the owner of the adjoining land
refuses to permit entry onto that adjoining land for the
purpose of repair and maintenance of the single family
residence, then the owner of the single family residence may
bring an action in the circuit court to compel the owner of
the adjoining land to permit entry for the purpose of repair
and maintenance. The court shall prescribe the conditions of
the entry and shall determine the amount of damages to be
paid to the owner of the adjoining land. The court may
require the owner of the single family residence to give bond
to the owner of the adjoining land to secure performance and
payment. As used in this Act, "single family residence"
includes real estate submitted to the provisions of the
Condominium Property Act and containing units used as single
family residences.
(Source: P.A. 86-561.)
Section 10. The Condominium Property Act is amended by
changing Section 19 as follows:
(765 ILCS 605/19) (from Ch. 30, par. 319)
Sec. 19. Records of the association; availability for
examination.
(a) The board of managers of every association shall
keep and maintain the following records, or true and complete
copies of these records, at the association's principal
office:
(1) the association's declaration, bylaws, and
plats of survey, and all amendments of these;
(2) the rules and regulations of the association,
if any;
(3) if the association is incorporated as a
corporation, the articles of incorporation of the
association and all amendments to the articles of
incorporation;
(4) minutes of all meetings of the association and
its board of managers for the immediately preceding 7
years;
(5) all current policies of insurance of the
association;
(6) all contracts, leases, and other agreements
then in effect to which the association is a party or
under which the association or the unit owners have
obligations or liabilities;
(7) a current listing of the names, addresses, and
weighted vote of all members entitled to vote;
(8) ballots and proxies related to ballots for all
matters voted on by the members of the association during
the immediately preceding 12 months, including but not
limited to the election of members of the board of
managers; and
(9) the books and records of account for the
association's current and 10 immediately preceding fiscal
years, including but not limited to itemized and detailed
records of all receipts and expenditures. shall maintain
the following records of the association available for
examination and copying at convenient hours of weekdays
by the unit owners or their mortgagees and their duly
authorized agents or attorneys.
(1) Copies of the recorded Declaration, By-Laws,
other condominium instruments and any amendments,
Articles of Incorporation of the association, annual
reports and any rules and regulations adopted by the
association or its Board of Managers shall be available.
Prior to the organization of the association, the
developer shall maintain and make available the records
set forth in this subsection (a) for examination and
copying.
(2) Detailed accurate records in chronological
order of the receipts and expenditures affecting the
common elements, specifying and itemizing the maintenance
and repair expenses of the common elements and any other
expenses incurred, and copies of all contracts, leases,
or other agreements entered into by the association shall
be maintained.
(3) The minutes of all meetings of the association
and the Board of Managers shall be maintained. The
association shall maintain these minutes for a period of
not less than 7 years.
(4) Ballots and proxies related thereto for all
elections to the Board of Managers and for any other
matters voted on by the unit owners shall be maintained
for a period of not less than 1 year; provided that for
associations that adopt the secret ballot election
process under Section 18 of this Act, unless directed by
court order, only the voting ballot excluding a unit
number shall be subject to inspection and copying.
(5) Such other records of the association as are
available for inspection by members of a not-for-profit
corporation pursuant to Section 107.75 of the General Not
For Profit Corporation Act of 1986 shall be maintained.
(6) With respect to units owned by a land trust, if
a trustee designates, in writing, a person to cast votes
on behalf of the unit owner, that designation shall
remain in effect until a subsequent document is filed
with the association.
(b) Any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (1), (2), (3), (4), and (5) of subsection (a) of
this Section, in person or by agent, at any reasonable time
or times, at the association's principal office. In order to
exercise this right, a member must submit a written request
to the association's board of managers or its authorized
agent, stating with particularity the records sought to be
examined. Failure of an association's board of managers to
make available all records so requested within 30 days of
receipt of the member's written request shall be deemed a
denial.
Any member who prevails in an enforcement action to
compel examination of records described in subdivisions (1),
(2), (3), (4), and (5) of subsection (a) of this Section
shall be entitled to recover reasonable attorney's fees and
costs from the association. Where a request for records under
this Section is made in writing to the board of managers or
its agent, failure to provide the requested record or to
respond within 30 days shall be deemed a denial by the board
of managers.
(c) (Blank). A reasonable fee may be charged by the
association or its Board of Managers for the actual cost of
copying.
(d) (Blank). If the board of managers fails to provide
records properly requested under subsection (a) within the
time period provided in subsection (b), the unit owner may
seek the appropriate relief including an award of attorney's
fees and costs.
(e) Except as otherwise provided in subsection (f) of
this Section, any member of an association shall have the
right to inspect, examine, and make copies of the records
described in subdivisions (6), (7), (8), and (9) of
subsection (a) of this Section, in person or by agent, at any
reasonable time or times but only for a proper purpose, at
the association's principal office. In order to exercise
this right, a member must submit a written request, to the
association's board of managers or its authorized agent,
stating with particularity the records sought to be examined
and a proper purpose for the request. Subject to the
provisions of subsection (f) of this Section, failure of an
association's board of managers to make available all records
so requested within 30 business days of receipt of the
member's written request shall be deemed a denial; provided,
however, that the board of managers of an association that
has adopted a secret ballot election process as provided in
Section 18 of this Act shall not be deemed to have denied a
member's request for records described in subdivision (8) of
subsection (a) of this Section if voting ballots, without
identifying unit numbers, are made available to the
requesting member within 30 days of receipt of the member's
written request.
In an action to compel examination of records described
in subdivisions (6), (7), (8), and (9) of subsection (a) of
this Section, the burden of proof is upon the member to
establish that the member's request is based on a proper
purpose. Any member who prevails in an enforcement action to
compel examination of records described in subdivisions (6),
(7), (8), and (9) of subsection (a) of this Section shall be
entitled to recover reasonable attorney's fees and costs from
the association only if the court finds that the board of
directors acted in bad faith in denying the member's request.
(f) The actual cost to the association of retrieving and
making requested records available for inspection and
examination under this Section shall be charged by the
association to the requesting member. If a member requests
copies of records requested under this Section, the actual
costs to the association of reproducing the records shall
also be charged by the association to the requesting member.
(g) Notwithstanding the provisions of subsection (e) of
this Section, unless otherwise directed by court order, an
association need not make the following records available for
inspection, examination, or copying by its members:
(1) documents relating to appointment, employment,
discipline, or dismissal of association employees;
(2) documents relating to actions pending against
or on behalf of the association or its board of managers
in a court or administrative tribunal;
(3) documents relating to actions threatened
against, or likely to be asserted on behalf of, the
association or its board of managers in a court or
administrative tribunal;
(4) documents relating to common expenses or other
charges owed by a member other than the requesting
member; and
(5) documents provided to an association in
connection with the lease, sale, or other transfer of a
unit by a member other than the requesting member.
(h) The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion
of a condominium instrument that contains provisions contrary
to these provisions shall be void as against public policy
and ineffective. Any condominium instrument that fails to
contain the provisions required by this Section shall be
deemed to incorporate the provisions by operation of law.
(Source: P.A. 87-746; 88-135.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that the provisions changing Section 1
of the Entry on Adjoining Land to Accomplish Repairs Act take
effect January 1, 1998.