Bills Affecting Community Associations | CAI Illinois:
Here's one:
HB5744 (Rep. Drury) ATTORNEY FEE AWARDS TO UNIT OWNERS/ELIMINATION OF FEES IN DEMAND NOTICES. The bill amends Section 9.2 “Other remedies” of the Illinois Condominium Property Act. The bill would require that attorney’s fees incurred in sending and serving a collection demands under the Forcible Act be EXCLUDED from an owner’s assessment account. Additionally, contrary to most governing documents, the bill provides that if an owner is the “substantially prevailing party” in any litigation or arbitration (including a collection action) involving an association or its board, the court shall award that owner his or her attorney’s fees and costs. On February 16, 208 this bill was referred to Rules Committee. This bill is identical to HB3755 introduced in 2017 by Representative Drury.
http://www.ilga.gov/legislation/billstatus.asp?DocNum=5744&GAID=14&GA=100&DocTypeID=HB&LegID=111835&SessionID=91
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1 comment:
Good.
The playing field is still really unequal since the HOA attorney has no incentive to settle anything anyway and board members bear no personal financial responsibility for their actions. A homeowner that dares challenge or simply stand up for themselves is threatened with the loss of their house. At a MINIMUM the homeowner that substantially prevails should get their attorney fees.
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