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Public Act 91-0196
SB258 Enrolled LRB9101313KSgc
AN ACT to amend the Code of Civil Procedure by changing
Sections 9-104.2 and 9-111.
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 Sections 9-104.2 and 9-111 as follows:
(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 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 a tenant or other occupant of a unit is
joined within the same action against the defaulting unit
owner under paragraph (7), only the unit owner and not the
tenant or other occupant need to 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. The tenant or other occupant may be
joined as additional defendants at the time the suit is filed
or at any time thereafter prior to execution of judgment for
possession by filing, with or without prior leave of the
court, an amended complaint and summons for trial. If the
complaint alleges that the unit is occupied or may be
occupied by persons other than or in addition to the unit
owner of record, that the identities of the persons are
concealed and unknown, they may be named and joined as
defendant "Unknown Occupants". Summons may be served on the
defendant "Unknown Occupants" by the sheriff or court
appointed process server by leaving a copy at the unit with
any person residing at the unit of the age of 13 years or
greater, and if the summons is returned without service
stating that service cannot be obtained, constructive service
may be obtained pursuant to Section 9-107 of this Code with
notice mailed to "Unknown Occupants" at the address of the
unit. If prior to execution of judgment for possession the
identity of a defendant or defendants served in this manner
is discovered, his or her name or names and the record may be
corrected upon hearing pursuant to notice of motion served
upon the identified defendant or defendants at the unit in
the manner provided by court rule for service of notice of
motion. 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 and to commence a
separate action, 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.
Upon service of the certificate on the tenant in the manner
provided by Section 9-211 of this Code, the tenant shall be
obligated to pay the rent under the lease arrangement to the
Board of Managers as it becomes due. If the tenant
thereafter fails and refuses to pay the rent, the Board of
Managers may bring an action for possession after making a
demand for rent in accordance with Section 9-209 of this
Code.
(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; 90-496, eff. 8-18-97.)
(735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
Sec. 9-111. Condominium property.
(a) As to property subject to the provisions of the
"Condominium Property Act", approved June 20, 1963, as
amended, when the action is based upon the failure of an
owner of a unit therein to pay when due his or her
proportionate share of the common expenses of the property,
or of any other expenses lawfully agreed upon or the amount
of any unpaid fine, and if the court finds that the expenses
or fines are due to the plaintiff, the plaintiff shall be
entitled to the possession of the whole of the premises
claimed, and judgment in favor of the plaintiff shall be
entered for the possession thereof and for the amount found
due by the court including interest and late charges, if any,
together with reasonable attorney's fees, if any, and for the
plaintiff's costs. The awarding of reasonable attorney's fees
shall be pursuant to the standards set forth in subsection
(b) of this Section 9-111. The court shall, by order, stay
the enforcement of the judgment for possession for a period
of not less than 60 days from the date of the judgment and
may stay the enforcement of the judgment for a period not to
exceed 180 days from such date. Any judgment for money or
any rent assignment under subsection (b) of Section 9-104.2
is not subject to this stay. If at any time, either during
or after the period of stay, the defendant pays such expenses
found due by the court, and costs, and reasonable attorney's
fees as fixed by the court, and the defendant is not in
arrears on his or her share of the common expenses for the
period subsequent to that covered by the judgment, the
defendant may file a motion to vacate the judgment in the
court in which the judgment was entered, and, if the court,
upon the hearing of such motion, is satisfied that the
default in payment of the proportionate share of expenses has
been cured, and if the court finds that the premises are not
presently let by the board of managers as provided in Section
9-111.1 of this Act, the judgment shall be vacated. If the
premises are being let by the board of managers as provided
in Section 9-111.1 of this Act, when any judgment is sought
to be vacated, the court shall vacate the judgment effective
concurrent with the expiration of the lease term. Unless
defendant files such motion to vacate in the court or the
judgment is otherwise stayed, enforcement of the judgment may
proceed immediately upon the expiration of the period of stay
and all rights of the defendant to possession of his or her
unit shall cease and determine until the date that the
judgment may thereafter be vacated in accordance with the
foregoing provisions, and notwithstanding payment of the
amount of any money judgment if the unit owner or occupant is
in arrears for the period after the date of entry of the
judgment as provided in this Section. Nothing herein
contained shall be construed as affecting the right of the
board of managers, or its agents, to any lawful remedy or
relief other than that provided by Part 1 of Article IX of
this Act.
(b) For purposes of determining reasonable attorney's
fees under subsection (a), the court shall consider:
(i) the time expended by the attorney;
(ii) the reasonableness of the hourly rate for the
work performed;
(iii) the reasonableness of the amount of time
expended for the work performed; and
(iv) the amount in controversy and the nature of
the action.
(Source: P.A. 88-417.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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