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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1382 Introduced 2/14/2011, by Rep. Kenneth Dunkin SYNOPSIS AS INTRODUCED:
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Amends the Condominium Property Act. Provides that a tort action against a developer for an act or omission in the construction, design, planning, supervision, observation, or management of the construction of a condominium, condominium unit, or the common elements of a condominium shall be commenced within 4 years from the time that the unit owner or condominium association knew or should reasonably have known of such act or omission. Provides that if a unit owner otherwise entitled to bring an action could not do so solely because of a legal disability, then the limitation period does not begin to run until the disability is removed. Provides that these limitations do not apply to a cause of action arising out of a fraudulent misrepresentation or out of a fraudulent concealment of a cause of action. Provides that these provisions apply to actions commenced or pending on or after the effective date.
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| | A BILL FOR |
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| | HB1382 | | LRB097 06197 AJO 46272 b |
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| 1 | | AN ACT concerning property.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Condominium Property Act is amended by |
| 5 | | adding Section 33 as follows:
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| 6 | | (765 ILCS 605/33 new) |
| 7 | | Sec. 33. Action against a developer. |
| 8 | | (a) Actions based upon tort against a developer for an act |
| 9 | | or omission in the construction, design, planning, |
| 10 | | supervision, observation or management of the construction of a |
| 11 | | condominium, condominium unit, or the common elements of a |
| 12 | | condominium shall be commenced against a developer within 4 |
| 13 | | years from the time that the unit owner or condominium |
| 14 | | association bringing an action knew or should reasonably have |
| 15 | | known of such act or omission. |
| 16 | | (b) If a unit owner otherwise entitled to bring an action |
| 17 | | could not have brought such action within the limitation |
| 18 | | periods herein solely because the unit owner was under a legal |
| 19 | | disability, then the limitation period herein shall not begin |
| 20 | | to run until the disability is removed. |
| 21 | | (c) The limitation of this Section shall not apply to |
| 22 | | causes of action arising out of fraudulent misrepresentations |
| 23 | | or to fraudulent concealment of causes of action. |