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

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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 16-2)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3755 Detail]

Download: Illinois-2017-HB3755-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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
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
substantially prevailing party, any Any attorneys' fees
incurred by the Association arising out of a default by any
unit owner, his tenant, invitee or guest in the performance of

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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; however, attorney's fees under this subsection
shall be excluded from the demand given under Section 9-104 or
9-104.1 of the Code of Civil Procedure.
(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
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

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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.
(Source: P.A. 94-384, eff. 1-1-06.)