Public Act 104-0029
 
SB1563 EnrolledLRB104 09388 JRC 19447 b

    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.
        (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 
    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; however, any 
    agreement for residential real estate entered into on or 
    after July 1, 1987 that is an installment sales contract, 
    as defined in the Installment Sales Contract Act, and the 
    amount unpaid under the terms of the contract at the time 
    of the filing of the foreclosure complaint, including 
    principal and due and unpaid interest, at the rate prior 
    to default, is less than 80% of the original purchase 
    price of the real estate as stated in the contract, as 
    required under paragraph (2) of subsection (a) of Section 
    15-1106 of the Illinois Mortgage Foreclosure Law, is 
    subject to foreclosure.
        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 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 
    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 or a limited liability company, 
(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 
    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.
    (e) Nothing in this Article may be construed to prohibit 
law enforcement officials from enforcing the offense of 
criminal trespass under Section 21-3 of the Criminal Code of 
1963 or any other violation of the Code or to interfere with 
the ability of law enforcement officials to remove persons or 
property from the premises when there is a criminal trespass. 
(Source: P.A. 102-71, eff. 7-9-21.)