765 ILCS 605/9.2
Other remedies
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(765 ILCS 605/9.2)
(from Ch. 30, par. 309.2)
Sec. 9.2. Other remedies.
(a) In the event of any default by any unit owner,
his tenant, invitee or guest in the performance of his obligations under this
Act or under the declaration, bylaws, or the rules and regulations of the board
of managers, the board of managers or its agents shall have such rights and
remedies as provided in the Act or condominium instruments including the right
to maintain an eviction action against such defaulting unit owner or his
tenant for the benefit of all the other unit owners in the manner prescribed by
Article IX of the Code of Civil Procedure.
(b) Any attorneys' fees incurred by the Association arising out of a
default by any unit owner, his tenant, invitee or guest in the performance of
any of the provisions of the condominium instruments, rules and regulations or
any applicable statute or ordinance shall be added to, and deemed a part of,
his respective share of the common expense.
(c) Other than attorney's fees, no fees pertaining to the collection of a unit owner's financial obligation to the Association, including fees charged by a manager or managing agent, shall be added to and deemed a part of an owner's respective share of the common expenses unless: (i) the managing agent fees relate to the costs to collect common expenses for the Association; (ii) the fees are set forth in a contract between the managing agent and the Association; and (iii) the authority to add the management fees to an owner's respective share of the common expenses is specifically stated in the declaration or bylaws of the Association.
(Source: P.A. 100-173, eff. 1-1-18.)
Notes of Decisions
Cited in 35
cases (13 in the last 5 years), 2001–2026 · leading case: Knolls Condominium Ass'n v. Harms
Knolls Condominium Ass'n v. Harms (2002)
“2 of the Condominium Property Act (765 ILCS 605/9.2 (West 2000)), both of which specifically allow an action for possession brought by a condominium association against a unit owner for nonpayment of assessments, should be read harmoniously with the homestead statute so as not…”
North Spaulding Condominium Assoc v. Cavanaugh (2017)
“2(a) of the Condominium Property Act provides: “In the event of any default by any unit owner *** the board of managers *** shall have such rights and remedies as provided in the [Condominium Property] Act *** including the right to maintain an action for possession against such…”
1010 Lake Shore Association v. Deutsche Bank National Trust Company (2016)
“2(a) of the Act (765 ILCS 605/9.2(a) (West 2008)) and the forcible entry and detainer statute (735 ILCS 5/9-101 et seq.”
Granville Tower Condominium Ass'n v. Escobar (2022)
“See 735 ILCS 5/9-102(a)(7) (West 2016); 765 ILCS 605/9.2(a) (West 2016). However, forcible entry and detainer actions (i.”
Spanish Court Condominium Association v. Carlson (2014)
“765 ILCS 605/9.2 (West 2008). “ ‘This section was adopted to provide a constitutionally permissible, quick method for collection of assessment arrearages ***.”
Spanish Court Two Condominium Association v. Carlson (2014)
“765 ILCS 605/9.2 (West 2008). “ ‘This section was adopted to provide a constitutionally permissible, quick method for collection of assessment arrearages ***.”
Knolls Condominium Ass'n v. Harms (2001)
“" 765 ILCS 605/9.2 (West 2000) Article IX of the Code of Civil Procedure is the forcible entry and detainer statute.”
Kurtz v. Hubbard (2012)
“Sections 9(g) and 9(h) of the Condominium Property Act (Act) provide that where a resident is in default in its payment obligations, the amount due “shall constitute a lien on the interest of the unit owner of the property” which may be foreclosed by the board of managers. 765…”
North Spaulding Condominium Assoc v. Cavanaugh (2017)
“2(a) of the Condominium Property Act provides: 8 1-16-0870 “In the event of any default by any unit owner *** the board of managers *** shall have such rights and remedies as provided in the [Condominium Property] Act *** including the right to maintain an action for possession…”
Board of Directors of the Warren Boulevard Condominium Association v. Milton (2010)
“) 765 ILCS 605/9.2 (West 2008). Section 9 — 102(a)(7) of the Code of Civil Procedure gives the board of managers of a condominium association the authority to maintain a forcible entry and detainer action as follows: “(a) The person entitled to the possession of lands or…”
State Place Condominium Association v. Magpayo (2016)
“765 ILCS 605/9.2 (West 2012). We agree. Subsequent to the holding in Chiaramonte, the legislature amended section 9.”
Lake Point Tower Condominium Assocation v. Waller (2017)
“” 765 ILCS 605/9.2(a) (West 2014). ¶ 15 Similarly, section 9-102(a)(7) of the Forcible Entry and Detainer Act, found in article IX of the Code, states as follows: “The person entitled to the possession of lands or tenements may be restored thereto *** *** [w]hen *** the owner of…”
— 765 ILCS 605/9.2(a) — 17 cases
1010 Lake Shore Association v. Deutsche Bank National Trust Company (2016)
“2(a) of the Act (765 ILCS 605/9.2(a) (West 2008)) and the forcible entry and detainer statute (735 ILCS 5/9-101 et seq.”
Granville Tower Condominium Ass'n v. Escobar (2022)
“See 735 ILCS 5/9-102(a)(7) (West 2016); 765 ILCS 605/9.2(a) (West 2016). However, forcible entry and detainer actions (i.”
Spanish Court Condominium Association v. Carlson (2014)
“765 ILCS 605/9.2 (West 2008). “ ‘This section was adopted to provide a constitutionally permissible, quick method for collection of assessment arrearages ***.”
Kurtz v. Hubbard (2012)
“Sections 9(g) and 9(h) of the Condominium Property Act (Act) provide that where a resident is in default in its payment obligations, the amount due “shall constitute a lien on the interest of the unit owner of the property” which may be foreclosed by the board of managers. 765…”
North Spaulding Condominium Assoc v. Cavanaugh (2017)
“2(a) of the Condominium Property Act provides: “In the event of any default by any unit owner *** the board of managers *** shall have such rights and remedies as provided in the [Condominium Property] Act *** including the right to maintain an action for possession against such…”
— 765 ILCS 605/9.2(b) — 13 cases
North Spaulding Condominium Assoc v. Cavanaugh (2017)
“2(a) of the Condominium Property Act provides: “In the event of any default by any unit owner *** the board of managers *** shall have such rights and remedies as provided in the [Condominium Property] Act *** including the right to maintain an action for possession against such…”
North Spaulding Condominium Assoc v. Cavanaugh (2017)
“2(a) of the Condominium Property Act provides: 8 1-16-0870 “In the event of any default by any unit owner *** the board of managers *** shall have such rights and remedies as provided in the [Condominium Property] Act *** including the right to maintain an action for possession…”
State Place Condominium Association v. Magpayo (2016)
“765 ILCS 605/9.2 (West 2012). We agree. Subsequent to the holding in Chiaramonte, the legislature amended section 9.”
— 765 ILCS 605/9.2(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|