Illinois House Bill 4489 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 22 2016 - 25% progression, died in committee
Action: 2016-04-08 - Rule 19(a) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

Amends the Condominium Property Act. Contains a statement of public policy. Provides that a unit owner may bring a legal action against the association or its board of managers to enforce individual or common interest community rights without being required to sue other homeowners or otherwise name them as defendants. Provides that any costs associated with providing notice to unit owners shall be paid by the association and shall not be assessed against the unit owner bringing the action. Provides that any provision of any condominium instrument or any rule or regulation seeking to limit a unit owner's right to commence litigation against an association or its board of managers or to limit the liability of an association or its board of managers for a breach of duty is void as against public policy and shall not be given effect. Provides that a unit owner's compliance with an association's demand does not waive the unit owner's right or ability to challenge the demand in a later commenced legal action. Provides that in certain types of litigation, the court shall award reasonable attorney's fees and costs to the prevailing party. Provides that a court may reduce the award of fees or award no fees to an association: (i) if the court finds that the legal action benefitted the association by clarifying the duties of the association; or (ii) based on other equitable considerations. Provides that the association is barred from recovering any attorney's fees and costs in a claim brought under the Forcible Entry and Detainer Article of the Code of Civil Procedure if the unit owner prevails based on a breach of duty by the association or any member of its board of managers. Provides that in litigation, the association shall represent the best interests of all unit owners and the association without regard to the wishes of the board of managers. Provides that the association may not be represented in litigation by counsel who also represents the association's board of managers either individually or collectively.

CONDO ACT-RIGHT TO FAIRNESS

Rep. Scott Drury [D]

Date	Chamber	Action
2016-04-08	House	Rule 19(a) / Re-referred to Rules Committee
2016-03-02	House	Remains in Judiciary - Civil Committee
2016-03-02	House	Motion Do Pass - Lost Judiciary - Civil Committee; 003-008-000
2016-02-04	House	Assigned to Judiciary - Civil Committee
2016-01-22	House	Referred to Rules Committee
2016-01-22	House	First Reading
2016-01-22	House	Filed with the Clerk by Rep. Scott Drury

Chapter	Article	Section	Citation Type	Statute Text
765	605	33	New Code	See Bill Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4489&GAID=13&DocTypeID=HB&SessionID=88&GA=99
Text	https://www.ilga.gov/legislation/99/HB/09900HB4489.htm