Bill Text: IL HB2360 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that the failure of a condominium association, master association, or common interest community association to maintain, repair, or replace the common elements, common areas, common facilities, or any other property under its jurisdiction or control is not a defense to a forcible entry and detainer action.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-25 - Judicial Note Filed [HB2360 Detail]

Download: Illinois-2013-HB2360-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2360 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-106 from Ch. 110, par. 9-106
Amends the Code of Civil Procedure. Provides that the failure of a condominium association, master association, or common interest community association to maintain, repair, or replace the common elements, common areas, common facilities, or any other property under its jurisdiction or control is not a defense to a forcible entry and detainer action.
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A BILL FOR
HB2360 LRB098 06631 HEP 36674 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 9-106 as follows:
(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
Sec. 9-106. Pleadings and evidence. On complaint by the
party or parties entitled to the possession of such premises
being filed in the circuit court for the county where such
premises are situated, stating that such party is entitled to
the possession of such premises (describing the same with
reasonable certainty), and that the defendant (naming the
defendant) unlawfully withholds the possession thereof from
him, her or them, the clerk of the court shall issue a summons.
The defendant may under a general denial of the allegations
of the complaint offer in evidence any matter in defense of the
action. The failure of a condominium association, master
association, or common interest community association to
maintain, repair, or replace the common elements, common areas,
common facilities, or any other property under its jurisdiction
or control is not a defense to an action maintained under
subdivisions (a)(7) and (a)(8) of Section 9-102 of this Code.
Except as otherwise provided in Section 9-120, no matters not

HB2360 - 2 - LRB098 06631 HEP 36674 b
germane to the distinctive purpose of the proceeding shall be
introduced by joinder, counterclaim or otherwise. However, a
claim for rent may be joined in the complaint, and judgment may
be entered for the amount of rent found due.
(Source: P.A. 90-360, eff. 1-1-98.)