Bill Text: IL HB3755 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Condominium Property Act. Provides that certain attorney's fees shall be excluded from the demand given under specified provisions of the Code of Civil Procedure. Provides that 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 specified disputes, if the unit owner is deemed by the court or arbitrator to be the substantially 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.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Engrossed) 2017-04-27 - Third Reading - Short Debate - Passed 060-049-002 [HB3755 Detail]

Download: Illinois-2017-HB3755-Engrossed.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Condominium Property Act is amended by
5changing Section 9.2 as follows:
6 (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
7 Sec. 9.2. Other remedies.
8 (a) In the event of any default by any unit owner, his
9tenant, invitee or guest in the performance of his obligations
10under this Act or under the declaration, bylaws, or the rules
11and regulations of the board of managers, the board of managers
12or its agents shall have such rights and remedies as provided
13in the Act or condominium instruments including the right to
14maintain an action for possession against such defaulting unit
15owner or his tenant for the benefit of all the other unit
16owners in the manner prescribed by Article IX of the Code of
17Civil Procedure.
18 (b) Except for attorney's fees incurred in any litigation
19or arbitration described in subsection (d) in which a unit
20owner is deemed by the court or arbitrator to be the
21substantially prevailing party, any Any attorneys' fees
22incurred by the Association arising out of a default by any
23unit owner, his tenant, invitee or guest in the performance of

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1any of the provisions of the condominium instruments, rules and
2regulations or any applicable statute or ordinance shall be
3added to, and deemed a part of, his respective share of the
4common expense; however, attorney's fees under this subsection
5shall be excluded from the demand given under Section 9-104 or
69-104.1 of the Code of Civil Procedure.
7 (c) Other than attorney's fees, no fees pertaining to the
8collection of a unit owner's financial obligation to the
9Association, including fees charged by a manager or managing
10agent, shall be added to and deemed a part of an owner's
11respective share of the common expenses unless: (i) the
12managing agent fees relate to the costs to collect common
13expenses for the Association; (ii) the fees are set forth in a
14contract between the managing agent and the Association; and
15(iii) the authority to add the management fees to an owner's
16respective share of the common expenses is specifically stated
17in the declaration or bylaws of the Association.
18 (d) In any litigation or arbitration between a unit owner
19and the Association or its board of managers or any individual
20member of the Association or its board of managers regarding:
21(i) the enforcement of obligations of the board or the
22Association, set forth either in this Act, the condominium
23instruments, rules and regulations, or any applicable statute
24or ordinance; (ii) a disputed charge on the unit owner's
25account; or (iii) a purported default as described in
26subsection (a), if the unit owner is deemed by the court or

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1arbitrator to be the substantially prevailing party, then the
2court or the arbitrator shall award to the unit owner from the
3non-prevailing party reasonable attorney's fees and costs
4incurred by the unit owner in the litigation or arbitration.
5(Source: P.A. 94-384, eff. 1-1-06.)
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