Bill Text: IL SB3614 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that a person entitled to possession of land or a building may be restored under several identified circumstances, including: when a forcible entry is made, entry and restoration of possession may be made under the supervision of a law enforcement officer or an employee of a private security agency certified under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor and Locksmith Act of 2004 (instead of when a forcible entry is made). Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3614 Detail]

Download: Illinois-2009-SB3614-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3614 Introduced 2/11/2010, by Sen. Dan Duffy SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-102 from Ch. 110, par. 9-102
Amends the Code of Civil Procedure. Provides that a person entitled to possession of land or a building may be restored under several identified circumstances, including: when a forcible entry is made, entry and restoration of possession may be made under the supervision of a law enforcement officer or an employee of a private security agency certified under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor and Locksmith Act of 2004 (instead of when a forcible entry is made). Effective immediately.
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A BILL FOR
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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 Code of Civil Procedure is amended by
changing Section 9-102 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, entry and
restoration of possession may be made under the supervision
of a law enforcement officer or an employee of a private
security agency certified under the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor and
Locksmith Act of 2004.
(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

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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
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

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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
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 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

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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 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
Section 9-102 and Section 9-104.3 of this Act shall not apply
to any common interest community unless (1) the association is
a not-for-profit corporation, (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" means real estate
other than a condominium or cooperative with respect to
which any person by virtue of his or her ownership of a

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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.
(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
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. 88-47; 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)
Section 99. Effective date. This Act takes effect upon

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becoming law.