Bill Amendment: IL SB0949 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONDO/CICAA: BYLAWS-LIENHOLDER

Status: 2019-01-09 - Session Sine Die [SB0949 Detail]

Download: Illinois-2017-SB0949-House_Amendment_002.html

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Rep. Andr� Thapedi

Filed: 5/11/2017

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AMENDMENT TO SENATE BILL 949
AMENDMENT NO. ______. Amend Senate Bill 949 by replacing
everything after the enacting clause with the following:
"Section 5. The Condominium Property Act is amended by
changing Section 9.2 as follows:
(765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
Sec. 9.2. Other remedies.
(a) In the event of any default by any unit owner, his
tenant, invitee or guest in the performance of his obligations
under this Act or under the declaration, bylaws, or the rules
and regulations of the board of managers, the board of managers
or its agents shall have such rights and remedies as provided
in the Act or condominium instruments including the right to
maintain an action for possession against such defaulting unit
owner or his tenant for the benefit of all the other unit
owners in the manner prescribed by Article IX of the Code of

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Civil Procedure.
(b) Except for attorney's fees incurred in any litigation
or arbitration described in subsection (d) in which a unit
owner is deemed by the court or arbitrator to be the prevailing
party, any Any attorneys' fees incurred by the Association
arising out of an adjudicated a default by any unit owner, his
tenant, invitee or guest in the performance of any of the
provisions of the condominium instruments, rules and
regulations or any applicable statute or ordinance shall be
added to, and deemed a part of, his respective share of the
common expense.
(c) Other than attorney's fees, no fees pertaining to the
collection of a unit owner's financial obligation to the
Association, including fees charged by a manager or managing
agent, shall be added to and deemed a part of an owner's
respective share of the common expenses unless: (i) the
managing agent fees relate to the costs to collect common
expenses for the Association; (ii) the fees are set forth in a
contract between the managing agent and the Association; and
(iii) the authority to add the management fees to an owner's
respective share of the common expenses is specifically stated
in the declaration or bylaws of the Association.
(d) In any litigation or arbitration between a unit owner
and the Association or its board of managers or any individual
member of the Association or its board of managers regarding:
(i) the enforcement of obligations of the board or the

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Association, set forth either in this Act, the condominium
instruments, rules and regulations, or any applicable statute
or ordinance; (ii) a disputed charge on the unit owner's
account; or (iii) a purported default as described in
subsection (a), if the unit owner is deemed by the court or
arbitrator to be the prevailing party, then the court or the
arbitrator shall award to the unit owner from the
non-prevailing party reasonable attorney's fees and costs
incurred by the unit owner in the litigation or arbitration.
(Source: P.A. 94-384, eff. 1-1-06.)".