765 ILCS 605/9.1
(a) Other liens; attachment and satisfaction
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(765 ILCS 605/9.1)
(from Ch. 30, par. 309.1)
Sec. 9.1.
(a) Other liens; attachment and satisfaction.
Subsequent to the recording of the declaration, no liens of any nature shall
be created or arise against any portion of the property except against an
individual unit or units. No labor performed or materials furnished with
the consent or at the request of a particular unit owner shall be the basis
for the filing of a mechanics' lien claim against any other unit. If the
performance of the labor or furnishing of the materials is expressly authorized
by the
board of managers, each unit owner shall be deemed to have expressly authorized
it and consented thereto, and shall be liable for the payment of his unit's
proportionate share of any due and payable indebtedness as set forth in this
Section.
Each mortgage and other lien, including mechanics liens, securing a debt
incurred in the development of the land submitted to the provisions of this
Act for the sale of units shall be subject to the provisions of this Act,
subsequent to the conveyance of a unit to the purchaser.
In the event any lien exists against 2 or more units and the indebtedness
secured by such lien is due and payable, the unit owner of any such unit
so affected may remove such unit and the undivided interest in the common
elements appertaining thereto from such lien by payment of the proportional
amount of such indebtedness attributable to such unit. In the event such
lien exists against the units or against the property, the amount of such
proportional payment shall be computed on the basis of the percentages set
forth in the declaration. Upon payment as herein provided, it is the duty
of the encumbrancer to execute and deliver to the unit owner a release of
such unit and the undivided interest in the common elements appertaining
thereto from such lien, except that such proportional payment and release
shall not prevent the encumbrancer from proceeding to enforce his rights
against any unit or interest with respect to which such lien has not been
so paid or released.
The owner of a unit shall not be liable for any claims, damages, or
judgments, including but not limited to State or local government fees or
fines, entered as a result of any action or inaction of the board of managers
of the association other than for mechanics' liens as set forth in this
Section.
Unit owners other than the developer, members of the board of managers other
than the developer or developer representatives, and the association of unit
owners shall not be liable for any claims,
damages, or judgments, including but not limited to State or local government
fees or fines, entered as result of any action or inaction of the developer
other than for mechanics' liens as set forth in this Section.
Each unit owner's liability for any judgment entered against the
board of managers or the association, if any, shall be limited to his
proportionate share of the indebtedness as set forth in this Section, whether
collection is sought through assessment or otherwise. A unit owner shall be
liable for any claim, damage or judgment entered as a result of the use or
operation
of his unit, or caused by his own conduct. Before conveying a unit, a developer
shall record and furnish purchaser releases of all liens affecting
that unit
and its common element interest which the purchaser does not expressly agree
to take subject to or assume, and the developer shall provide a
surety bond
or substitute collateral for or insurance against liens for which a
release is not provided. After conveyance
of such unit, no mechanics lien shall be created against such unit or its
common element interest by reason of any subsequent contract by the developer
to improve or make additions to the property.
Each mortgagee or other lienholder of the unit of a common interest
community or of a unit subject to the Condominium Property Act shall
provide an address to the unit owners' association at the time the lien or
mortgage is recorded at which address such unit owners' association shall send
notice
to such mortgagee or lienholder of any eminent domain
proceeding to which the association thereafter becomes a party. If the
mortgagee or lienholder has not provided an address for notice purposes to
the association, then such notice shall be sent to all
mortgagees or lienholders which are named insureds on the master policy of
insurance which exists or may exist on the common interest community or
unit subject to the Condominium Property Act.
(b) Board of Managers' standing and capacity.
The board of managers shall have standing and capacity to act in a
representative
capacity in relation to matters involving the common elements or more than
one unit, on behalf of the unit owners, as their interests may appear.
(Source: P.A. 91-616, eff. 8-19-99.)
Notes of Decisions
Cited in 20
cases (8 in the last 5 years), 1994–2026 · leading case: River Plaza Homeowner's Ass'n v. Healey
River Plaza Homeowner's Ass'n v. Healey (2009)
“” 765 ILCS 605/9.1(b) (West 2006). Plaintiff claims that this statutory section gave the board standing, and that the two-thirds rule is inconsistent with this statutory section and thus void.”
Sandy Creek Condominium Ass'n v. Stolt & Egner, Inc. (1994)
“(765 ILCS 605/9.1, Historical & Practice Notes, at 56-57 (SmithHurd 1993).”
Davis v. Dyson (2008)
“” 765 ILCS 605/9.1(b) (West 2002). This subsection empowers the association to act in the interest of its unit owners with respect to common elements, and it also empowers the board to direct the activities of the association in that regard, in a manner similar to the…”
Westfield Insurance Co. v. West Van Buren, L.L.C. (2016)
“See 765 ILCS 605/9.1(b) (West 2002) (condo board can act in representative capacity as to matters involving “the common elements or more than one unit”).”
Westfield Insurance Co. v. West Van Buren, L.L.C. (2016)
“See 765 ILCS 605/9.1(b) (West 2002) (condo board can act in representative capacity as to matters involving “the common elements or more than one unit”).”
Poulet v. H.F.O., L.L.C. (2004)
“” 765 ILCS 605/9.1(b) (West 2002). The historical and practice notes accompanying section 9.”
Village of Downers Grove v. Village Square III Condominium Ass'n (2022)
“) 765 ILCS 605/9.1 (West 2016); see Henderson Square Condominium Ass’n v.”
Sunnyside Elgin Apartments, LLC v. Miller (2021)
“1 of the Act (765 ILCS 605/9.1 (West 2018)). Section 9.”
Board of Directors v. Mob Ventures, L.L.C. (2005)
“” 765 ILCS 605/9.1(b) (West 2002). The court held the owners were not asserting the rights of the association.”
John Isfan Construction, Inc. v. Longwood Towers, LLC (2016)
“See 765 ILCS 605/9.1 (West 2002) (section of the Condominium Property Act specifying that liens on condominium property must be made against individual unit(s)).”
Acuity v. Lenny Szarek, Inc. (2015)
“” 765 ILCS 605/9.1(b) (emphasis added). Defendants cite no authority to support any conclusion that this statute gives a condominium association the right to sue for property damage suffered by individual unit owners; the statute by its plain language alone certainly does not…”
Hickory Heights Condominium Unit No.1 v. Okoye (2023)
“” 765 ILCS 605/9.1(b) (West 2020). “Standing is a doctrine that requires a plaintiff to have some real interest in his or her cause of action, or a legal or equitable right, title or interest in the subject matter of the controversy.”
— 765 ILCS 605/9.1(b) — 17 cases
River Plaza Homeowner's Ass'n v. Healey (2009)
“” 765 ILCS 605/9.1(b) (West 2006). Plaintiff claims that this statutory section gave the board standing, and that the two-thirds rule is inconsistent with this statutory section and thus void.”
Davis v. Dyson (2008)
“” 765 ILCS 605/9.1(b) (West 2002). This subsection empowers the association to act in the interest of its unit owners with respect to common elements, and it also empowers the board to direct the activities of the association in that regard, in a manner similar to the…”
Westfield Insurance Co. v. West Van Buren, L.L.C. (2016)
“See 765 ILCS 605/9.1(b) (West 2002) (condo board can act in representative capacity as to matters involving “the common elements or more than one unit”).”
Westfield Insurance Co. v. West Van Buren, L.L.C. (2016)
“See 765 ILCS 605/9.1(b) (West 2002) (condo board can act in representative capacity as to matters involving “the common elements or more than one unit”).”
Poulet v. H.F.O., L.L.C. (2004)
“” 765 ILCS 605/9.1(b) (West 2002). The historical and practice notes accompanying section 9.”
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