Bill Text: IL HB2667 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that when property is part of a master association or a common interest community association (instead of "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 other specific conditions are met, the board may bring a forcible entry and detainer action. Provides that provisions governing actions to collect common expenses apply to any common interest community association that is subject to the Common Interest Community Association Act. Deletes language providing that the provisions do not apply to any common interest community unless specified conditions are met. Provides that "common interest community" and "common interest community association" have the meanings provided in the Common Interest Community Association Act. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2667 Detail]

Download: Illinois-2017-HB2667-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2667 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-102 from Ch. 110, par. 9-102
735 ILCS 5/9-104.3 from Ch. 110, par. 9-104.3
Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that when property is part of a master association or a common interest community association (instead of "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 other specific conditions are met, the board may bring a forcible entry and detainer action. Provides that provisions governing actions to collect common expenses apply to any common interest community association that is subject to the Common Interest Community Association Act. Deletes language providing that the provisions do not apply to any common interest community unless specified conditions are met. Provides that "common interest community" and "common interest community association" have the meanings provided in the Common Interest Community Association Act. Makes other changes.
LRB100 08827 HEP 18968 b
A BILL FOR
HB2667 LRB100 08827 HEP 18968 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 Sections 9-102 and 9-104.3 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

HB2667 - 2 - LRB100 08827 HEP 18968 b
possession thereof, after demand in writing by the person
entitled to such possession; provided, however, that any
such agreement for residential real estate as defined in
the Illinois Mortgage Foreclosure Law 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

HB2667 - 3 - LRB100 08827 HEP 18968 b
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 part of a master association,
as that term is defined in Section 2 of the Condominium
Property Act, or a common interest community association,
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

HB2667 - 4 - LRB100 08827 HEP 18968 b
the unit owner's proportionate share of the assessments on
the property, any other expenses of the association
lawfully agreed upon, or any fine, 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
this Section 9-102 and Section 9-104.3 of this Act shall not
apply to any common interest community association that is
subject to the Common Interest Community Association Act 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" has the meaning

HB2667 - 5 - LRB100 08827 HEP 18968 b
provided in Section 1-5 of the Common Interest Community
Association Act 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.
(1.5) "Common interest community association" has the
meaning provided in Section 1-5 of the Common Interest
Community Association Act.
(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

HB2667 - 6 - LRB100 08827 HEP 18968 b
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.)
(735 ILCS 5/9-104.3) (from Ch. 110, par. 9-104.3)
Sec. 9-104.3. Applicability of Article. This Article
applies to master associations and all common interest
community associations that are subject to the Common Interest
Community Association Act. A master association or common
interest community association All common interest community
associations electing pursuant to paragraph (8) of subsection
(a) of Section 9-102 to have this Article made applicable to
such association shall follow the same procedures and have the
same rights and responsibilities as condominium associations
under this Article.
(Source: P.A. 84-1308.)