IL HB5744

Amends Section 9.2 of the Condominium Property Act to exclude attorney's fees from demands made under Code of Civil Procedure Sections 9-104 and 9-104.1.

Allows unit owners who are deemed the substantially prevailing party in litigation or arbitration with the association, board, or board members to recover reasonable attorney's fees and costs from the non-prevailing party.

Applies to disputes regarding: enforcement of board or association obligations under state law or condominium documents; disputed charges on a unit owner's account; or purported defaults by unit owners.

Clarifies that collection fees charged by managers or managing agents cannot be added to a unit owner's common expenses unless specifically authorized in a contract and in the association's declaration or bylaws.