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IL HB3755

Bill

Status

Failed

1/8/2019

Primary Sponsor

Scott Drury

Click for details

Origin

House of Representatives

100th General Assembly

AI Summary

  • Amends Section 9.2 of the Condominium Property Act regarding attorney's fees and collection costs in condominiums.

  • Allows condominium associations to add attorney's fees incurred from unit owner defaults to the owner's share of common expenses, except when the unit owner is the substantially prevailing party in litigation or arbitration.

  • Excludes attorney's fees from demands issued under Section 9-104 or 9-104.1 of the Code of Civil Procedure.

  • Prohibits adding collection fees (other than attorney's fees) to an owner's common expenses unless the fees relate to collecting common expenses, are specified in a contract with the managing agent, and are authorized in the association's declaration or bylaws.

  • Requires courts or arbitrators to award reasonable attorney's fees and costs to unit owners deemed substantially prevailing parties in disputes regarding board obligations, disputed charges, or claimed defaults.

Legislative Description

CONDOMINIUM ACT-ATTORNEY FEES

Last Action

Session Sine Die

1/8/2019

Committee Referrals

Assignments5/26/2017
Tort Reform5/12/2017
Judiciary5/5/2017
Assignments5/2/2017
Judiciary - Civil3/29/2017
Civil Procedure3/8/2017
Judiciary - Civil3/1/2017
Rules2/10/2017

Full Bill Text

No bill text available