Sen. Kwame Raoul

Filed: 5/7/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 595

2    AMENDMENT NO. ______. Amend House Bill 595 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Community Association Manager Licensing
5and Disciplinary Act is amended by changing Sections 5, 10, 15,
620, 25, 27, 32, 40, 50, 55, 60, 65, 70, 75, 85, 87, 92, 135,
7155, and 165 and by adding Section 42 as follows:
 
8    (225 ILCS 427/5)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 5. Legislative intent. It is the intent of the General
11Assembly that this Act provide for the licensing and regulation
12of managers of community association managers and community
13association management firms associations, ensure that those
14who hold themselves out as possessing professional
15qualifications to engage in the business provision of community
16association management services are, in fact, qualified to

 

 

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1render management services of a professional nature, and
2provide for the maintenance of high standards of professional
3conduct by those licensed to provide as community association
4management services managers.
5(Source: P.A. 96-726, eff. 7-1-10.)
 
6    (225 ILCS 427/10)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 10. Definitions. As used in this Act:
9    "Address of record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file maintained by the Department's licensure
12maintenance unit. It is the duty of the applicant or licensee
13to inform the Department of any change of address, and such
14changes must be made either through the Department's website or
15by contacting the Department's licensure maintenance unit.
16    "Advertise" means, but is not limited to, issuing or
17causing to be distributed any card, sign or device to any
18person; or causing, permitting or allowing any sign or marking
19on or in any building, structure, newspaper, magazine or
20directory, or on radio or television; or advertising by any
21other means designed to secure public attention.
22    "Board" means the Illinois Community Association Manager
23Licensing and Disciplinary Board.
24    "Community association" means an association in which
25membership is a condition of ownership or shareholder interest

 

 

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1of a unit in a condominium, cooperative, townhouse, villa, or
2other residential unit which is part of a residential
3development plan and that is authorized to impose an
4assessment, rents, or other costs that may become a lien on the
5unit or lot.
6    "Community association funds" means any assessments, fees,
7fines, or other funds collected by the community association
8manager from the community association, or its members, other
9than the compensation paid to the community association manager
10for performance of community association management services.
11    "Community association management firm" means a company,
12corporation, limited liability company, or other entity that
13engages in community association management services.
14    "Community association management services" means those
15services listed in the definition of community association
16manager in this Section.
17    "Community Association Management Agency" means a company,
18firm, corporation, limited liability company, or other entity
19that engages in the community association management business
20and employs, in addition to the licensee-in-charge, at least
21one other person in conducting such business.
22    "Community association manager" means an individual who
23administers for remuneration the financial, administrative,
24maintenance, or other duties for the community association,
25including the following services: (A) collecting, controlling
26or disbursing funds of the community association or having the

 

 

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1authority to do so; (B) preparing budgets or other financial
2documents for the community association; (C) assisting in the
3conduct of community association meetings; (D) maintaining
4association records; and (E) administrating association
5contracts, as stated in the declaration, bylaws, proprietary
6lease, declaration of covenants, or other governing document of
7the community association. "Community association manager"
8does not mean support staff, including, but not limited to
9bookkeepers, administrative assistants, secretaries, property
10inspectors, or customer service representatives.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "License" means the license issued to a person,
14corporation, partnership, limited liability company, or other
15legal entity to act as a community association manager under
16this Act to provide community association management services
17or other authority to practice issued under this Act.
18    "Person" means any individual, firm, corporation,
19partnership, limited liability company, or other legal entity
20organization, or body politic.
21    "Licensee-in-charge" means a person licensed as a
22community association manager who has been designated by a
23Community Association Management Agency as the full-time
24management employee or owner who assumes sole responsibility
25for maintaining all records required by this Act and who
26assumes sole responsibility for assuring the licensed agency's

 

 

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1compliance with its responsibilities as stated in the Act.
2    "Secretary" means the Secretary of Financial and
3Professional Regulation.
4    "Supervising community association manager" means an
5individual licensed as a community association manager who
6manages and supervises a firm.
7(Source: P.A. 96-726, eff. 7-1-10.)
 
8    (225 ILCS 427/15)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 15. License required. It Beginning 12 months after the
11adoption of rules providing for the licensure of a community
12association manager in Illinois under this Act, it shall be
13unlawful for any person, corporation, partnership, limited
14liability company, or other entity, or other business to
15provide community association management services, or provide
16services as a community association manager, or hold himself,
17herself, or itself out as a community association manager or
18community association management firm to any community
19association in this State, unless he, or she, or it holds a
20current and valid license issued licensed by the Department or
21is otherwise exempt from licensure under this Act.
22(Source: P.A. 96-726, eff. 7-1-10.)
 
23    (225 ILCS 427/20)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 20. Exemptions.
2    (a) The requirement for holding a license under this This
3Act shall does not apply to any of the following:
4        (1) Any director, officer, or member of a community
5    association providing one or more of the services of a
6    community association manager to a community association
7    without compensation for such services to the association.
8        (2) Any person, corporation, partnership, or limited
9    liability company providing one or more of the services of
10    a community association manager to a community association
11    of 10 units or less.
12        (3) A licensed attorney acting solely as an incident to
13    the practice of law.
14        (4) A person acting as a receiver, trustee in
15    bankruptcy, administrator, executor, or guardian acting
16    under a court order or under the authority of a will or of
17    a trust instrument.
18        (5) A person licensed in this State under any other Act
19    from engaging the practice for which he or she is licensed.
20    (b) A licensed community association manager may not
21perform or engage in any activities for which a real estate
22managing broker or real estate broker's salesperson's license
23is required under the Real Estate License Act of 2000, unless
24he or she also possesses a current and valid license under the
25Real Estate License Act of 2000 and is providing those services
26as provided for in the Real Estate License Act of 2000 and the

 

 

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1applicable rules.
2    (c) A person may temporarily act as, or provide services
3as, a community association manager without being licensed
4under this Act if the person (i) is a community association
5manager regulated under the laws of another state or territory
6of the United States or another country and (ii) has applied in
7writing to the Department, on forms prepared and furnished by
8the Department, for licensure under this Act. This temporary
9right to act as a community association manager shall expire ,
10but only until the expiration of 6 months after the filing of
11his or her written application to the Department; , his or upon
12the her withdrawal of the application for licensure under this
13Act; or upon delivery of , he or she has received a notice of
14intent to deny the application from the Department; , or upon
15the denial of the application by the Department, whichever
16occurs first.
17(Source: P.A. 96-726, eff. 7-1-10.)
 
18    (225 ILCS 427/25)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 25. Community Association Manager Licensing and
21Disciplinary Board.
22    (a) There is hereby created the Community Association
23Manager Licensing and Disciplinary Board, which shall consist
24of 7 members appointed by the Secretary. All members must be
25residents of the State and must have resided in the State for

 

 

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1at least 5 years immediately preceding the date of appointment.
2Five members of the Board must be licensees under this Act, at
3least two members of which shall be supervising community
4association managers except that, initially, these members
5must meet the qualifications for licensure and have obtained a
6license within 6 months after the effective date of this Act.
7Two members of the Board shall be owners of, or hold a
8shareholder's interest in, shareholders of a unit in a
9community association at the time of appointment who are not
10licensees under this Act and have no direct affiliation or work
11experience with the community association's community
12association manager. This Board shall act in an advisory
13capacity to the Department.
14    (b) Board members shall serve for terms of 5 years, except
15that, initially, 4 members shall serve for 5 years and 3
16members shall serve for 4 years. All members shall serve until
17his or her successor is appointed and qualified. All vacancies
18shall be filled in like manner for the unexpired term. No
19member shall serve for more than 2 successive terms. The
20Secretary shall remove from the Board any member whose license
21has become void or has been revoked or suspended and may remove
22any member of the Board for neglect of duty, misconduct, or
23incompetence. A member who is subject to formal disciplinary
24proceedings shall disqualify himself or herself from all Board
25business until the charge is resolved. A member also shall
26disqualify himself or herself from any matter on which the

 

 

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1member cannot act objectively.
2    (c) Four Board members shall constitute a quorum. A quorum
3is required for all Board decisions.
4    (d) The Board shall may elect annually a chairperson and
5vice chairperson.
6    (e) Each member shall receive reimbursement as set by the
7Governor's Travel Control Board for expenses incurred in
8carrying out the duties as a Board member. The Board shall be
9compensated as determined by the Secretary.
10    (f) The Board may recommend policies, procedures, and rules
11relevant to the administration and enforcement of this Act.
12(Source: P.A. 96-726, eff. 7-1-10.)
 
13    (225 ILCS 427/27)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 27. Immunity from Liability. Any member of the Board,
16any attorney providing advice to the Board or Department, any
17person acting as a consultant to the Board or Department, and
18any witness testifying in a proceeding authorized under this
19Act, excluding the party making the complaint, shall be immune
20from liability in any civil action brought against him or her
21for acts occurring while acting in his or her capacity as a
22Board member, attorney, consultant, or witness, respectively,
23unless the conduct that gave rise to the action was willful or
24wanton misconduct.
25(Source: P.A. 96-726, eff. 7-1-10.)
 

 

 

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1    (225 ILCS 427/32)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 32. Social Security Number or Federal Tax
4Identification Number on license application. In addition to
5any other information required to be contained in the
6application, every application for an original license under
7this Act shall include the applicant's Social Security Number
8or Federal Tax Identification Number, which shall be retained
9in the Department's agency's records pertaining to the license.
10As soon as practical, the Department shall assign a customer's
11identification number to each applicant for a license.
12    Every application for a renewal or restored license shall
13require the applicant's customer identification number.
14(Source: P.A. 96-726, eff. 7-1-10; 97-400, eff. 1-1-12.)
 
15    (225 ILCS 427/40)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 40. Qualifications for licensure as a community
18association manager.
19    (a) No person shall be qualified for licensure as a
20community association manager under this Act, unless he or she
21has applied in writing on the prescribed forms and has paid the
22required, nonrefundable fees and meets all of the following
23qualifications:
24        (1) He or she is at least 21 years of age.

 

 

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1        (2) He or she provides satisfactory evidence of having
2    completed at least 20 classroom hours in community
3    association management courses approved by the Board.
4        (3) He or she has passed an examination authorized by
5    the Department.
6        (4) He or she has not committed an act or acts, in this
7    or any other jurisdiction, that would be a violation of
8    this Act.
9        (5) He or she is of good moral character. In
10    determining moral character under this Section, the
11    Department may take into consideration whether the
12    applicant has engaged in conduct or activities that would
13    constitute grounds for discipline under this Act. Good
14    moral character is a continuing requirement of licensure.
15    Conviction of crimes may be used in determining moral
16    character, but shall not constitute an absolute bar to
17    licensure.
18        (6) He or she has not been declared by any court of
19    competent jurisdiction to be incompetent by reason of
20    mental or physical defect or disease, unless a court has
21    subsequently declared him or her to be competent.
22        (7) He or she complies with any additional
23    qualifications for licensure as determined by rule of the
24    Department.
25    (b) The education requirement set forth in item (2) of
26subsection (a) of this Section shall not apply to persons

 

 

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1holding a real estate managing broker or real estate broker
2salesperson license in good standing issued under the Real
3Estate License Act of 2000.
4    (c) The examination and initial education requirement of
5items (2) and (3) of subsection (a) of this Section shall not
6apply to any person who within 6 months from the effective date
7of the requirement for licensure, as set forth in Section 170
8of this Act, applies for a license by providing satisfactory
9evidence to the Department of qualifying experience or
10education, as may be set forth by rule, including without
11limitation evidence that he or she has (i) practiced community
12association management for a period of 5 years or (ii) achieved
13a designation awarded by recognized community association
14management organizations in the State.
15    (d) Applicants have 3 years from the date of application to
16complete the application process. If the process has not been
17completed within the 3 years, the application shall be denied,
18the fee shall be forfeited, and the applicant must reapply and
19meet the requirements in effect at the time of re-application.
20(Source: P.A. 96-726, eff. 7-1-10; 96-993, eff. 7-2-10.)
 
21    (225 ILCS 427/42 new)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 42. Qualifications for licensure as a supervising
24community association manager.
25    (a) No person shall be qualified for licensure as a

 

 

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1supervising community association manager under this Act
2unless he or she has applied in writing on the prescribed
3forms, has paid the required nonrefundable fees, and meets all
4of the following qualifications:
5        (1) He or she is at least 21 years of age.
6        (2) He or she has been licensed at least one out of the
7    last 2 preceding years as a community association manager.
8        (3) He or she provides satisfactory evidence of having
9    completed at least 30 classroom hours in community
10    association management courses approved by the Board, 20
11    hours of which shall be those pre-license hours required to
12    obtain a community association manager license, and 10
13    additional hours completed the year immediately preceding
14    the filing of the application for a supervising community
15    association manager license, which shall focus on
16    community association administration, management, and
17    supervision.
18        (4) He or she has passed an examination authorized by
19    the Department.
20        (5) He or she has not committed an act or acts, in this
21    or any other jurisdiction, that would be a violation of
22    this Act.
23        (6) He or she is of good moral character. In
24    determining moral character under this Section, the
25    Department may take into consideration whether the
26    applicant has engaged in conduct or activities that would

 

 

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1    constitute grounds for discipline under this Act. Good
2    moral character is a continuing requirement of licensure.
3    Conviction of crimes may be used in determining moral
4    character, but shall not constitute an absolute bar to
5    licensure.
6        (7) He or she has not been declared by any court of
7    competent jurisdiction to be incompetent by reason of
8    mental or physical defect or disease, unless a court has
9    subsequently declared him or her to be competent.
10        (8) He or she complies with any additional
11    qualifications for licensure as determined by rule of the
12    Department.
13    (b) The initial 20-hour education requirement set forth in
14item (3) of subsection (a) of this Section shall not apply to
15persons holding a real estate managing broker or real estate
16broker license in good standing issued under the Real Estate
17License Act of 2000. The 10 additional hours required for
18licensure under this Section shall not apply to persons holding
19a real estate managing broker license in good standing issued
20under the Real Estate License Act of 2000.
21    (c) The examination and initial education requirement of
22items (3) and (4) of subsection (a) of this Section shall not
23apply to any person who, within 6 months after the effective
24date of the requirement for licensure, as set forth in Section
25170 of this Act, applies for a license by providing
26satisfactory evidence to the Department of qualifying

 

 

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1experience or education, as may be set forth by rule, including
2without limitation, evidence that he or she has practiced
3community association management for a period of 7 years.
4    (d) Applicants have 3 years after the date of application
5to complete the application process. If the process has not
6been completed within the 3 years, the application shall be
7denied, the fee shall be forfeited, and the applicant must
8reapply and meet the requirements in effect at the time of
9re-application.
 
10    (225 ILCS 427/50)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 50. Community association management firm Association
13Management Agency.
14    (a) No firm, corporation, partnership, limited liability
15company, or other legal entity shall provide or offer to
16provide community association management services, unless it
17has applied in writing on the prescribed forms and has paid the
18required nonrefundable fees and provided evidence to the
19Department that the firm has designated a licensed supervising
20community association manager to supervise and manage the firm.
21A designated supervising community association manager shall
22be a continuing requirement of firm licensure. No supervising
23community association manager may be the supervising community
24association manager for more than one firm. such services are
25provided through:

 

 

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1        (1) an employee or independent contractor who is
2    licensed under this Act;
3        (2) a natural person who is acting under the direct
4    supervision of an employee of such firm, corporation,
5    limited liability company, or other legal entity that is
6    licensed under this Act; or
7        (3) a natural person who is legally authorized to
8    provide such services.
9    (b) Any firm, corporation, partnership, limited liability
10company, or other legal entity that is providing, or offering
11to provide, community association management services and is
12not in compliance with Section 50 and other the provisions of
13this Act shall be subject to the fines, injunctions, cease and
14desist provisions, and penalties provided for in Sections 90,
1592, and 155 of this Act.
16    (c) No community association manager may be the
17licensee-in-charge for more than one firm, corporation,
18limited liability company, or other legal entity.
19(Source: P.A. 96-726, eff. 7-1-10.)
 
20    (225 ILCS 427/55)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 55. Fidelity insurance; segregation of accounts.
23    (a) The supervising community association manager or the
24community association management firm A community association
25manager or the Community Association Management Agency with

 

 

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1which he or she is employed shall not have access to and
2disburse community association funds of a community
3association unless each of the following conditions occur:
4        (1) There is fidelity insurance in place to insure
5    against loss for theft of community association funds.
6        (2) The fidelity insurance is not less than all moneys
7    under the control of the supervising community association
8    manager community association manager or the employing
9    community association management firm Community
10    Association Management Agency for the association.
11        (3) The fidelity insurance covers the community
12    association manager, supervising community association
13    manager, and all partners, officers, and employees of the
14    community association management firm Community
15    Association Management Agency with whom he or she is
16    employed during the term of the insurance coverage, which
17    shall be at least for the same term as the service
18    agreement between the community association management
19    firm or supervising community association manager as well
20    as the community association officers, directors, and
21    employees.
22        (4) The insurance company issuing the fidelity
23    insurance may not cancel or refuse to renew the bond
24    without giving at least 10 days' prior written notice.
25        (5) Unless an agreement between the community
26    association and the supervising community association

 

 

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1    manager or the community association management firm
2    Community Association Management Agency provides to the
3    contrary, a community association may secure and pay the
4    Association secures and pays for the fidelity insurance
5    required by this Section. The supervising community
6    association manager or the community association
7    management firm community association manager and the
8    Community Association Management Agency must be named as
9    additional insured parties on the community association
10    policy.
11    (b) A community association management firm manager or
12Community Association Management Agency that provides
13community association management services for more than one
14community association shall maintain separate, segregated
15accounts for each community association or, with the consent of
16the community association, combine the accounts of one or more
17community associations, but in that event, separately account
18for the funds of each community association. The funds shall
19not, in any event, be commingled with the supervising community
20association manager's or community association management
21firm's Community Association Management Agency's funds. The
22maintenance of such accounts shall be custodial, and such
23accounts shall be in the name of the respective community
24association or community association manager or Community
25Association Management Agency as the agent for the association.
26    (c) The supervising community association manager or

 

 

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1community association management firm Community Association
2Management Agency shall obtain the appropriate general
3liability and errors and omissions insurance, as determined by
4the Department, to cover any losses or claims against the
5supervising community association manager or the community
6association management firm community association clients.
7    (d) The Department shall have authority to promulgate
8additional rules regarding insurance, fidelity insurance and
9all accounts maintained and to be maintained by a supervising
10community association manager or community association
11management firm Community Association Management Agency.
12(Source: P.A. 96-726, eff. 7-1-10.)
 
13    (225 ILCS 427/60)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 60. Licenses; renewals; restoration; person in
16military service.
17    (a) The expiration date and renewal period for each license
18issued under this Act shall be set by rule. The Department may
19promulgate rules requiring continuing education and set all
20necessary requirements for such, including but not limited to
21fees, approved coursework, number of hours, and waivers of
22continuing education.
23    (b) Any licensee who has permitted his, or her, or its
24license to expire may have the license restored by making
25application to the Department and filing proof acceptable to

 

 

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1the Department of fitness to have his, or her, or its license
2restored, by which may include sworn evidence certifying to
3active practice in another jurisdiction satisfactory to the
4Department, complying with any continuing education
5requirements, and paying the required restoration fee.
6    (c) If the person has not maintained an active practice in
7another jurisdiction satisfactory to the Department, the
8Department shall determine, by an evaluation program
9established by rule, the person's fitness to resume active
10status and may require the person to complete a period of
11evaluated clinical experience and successful completion of a
12practical examination. However, any person whose license
13expired while (i) in federal service on active duty with the
14Armed Forces of the United States or called into service or
15training with the State Militia or (ii) in training or
16education under the supervision of the United States
17preliminary to induction into the military service may have his
18or her license renewed or restored without paying any lapsed
19renewal fees if, within 2 years after honorable termination of
20the service, training or education, except under condition
21other than honorable, he or she furnishes the Department with
22satisfactory evidence to the effect that he or she has been so
23engaged and that the service, training, or education has been
24so terminated.
25    (d) A community association manager, community association
26management firm or supervising community association manager

 

 

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1who notifies the Department, in writing on forms prescribed by
2the Department, may place his, or her, or its license on
3inactive status and shall be excused from the payment of
4renewal fees until the person notifies the Department in
5writing of the intention to resume active practice.
6    (e) A community association manager, community association
7management firm, or supervising community association manager
8requesting his, or her, or its license be changed from inactive
9to active status shall be required to pay the current renewal
10fee and shall also demonstrate compliance with the continuing
11education requirements.
12    (f) Any licensee with a license nonrenewed or on inactive
13license status shall not provide community association
14management services or provide services as community
15association manager as set forth in this Act.
16    (g) Any person violating subsection (f) of this Section
17shall be considered to be practicing without a license and will
18be subject to the disciplinary provisions of this Act.
19(Source: P.A. 96-726, eff. 7-1-10.)
 
20    (225 ILCS 427/65)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 65. Fees; Community Association Manager Licensing and
23Disciplinary Fund.
24    (a) The fees for the administration and enforcement of this
25Act, including, but not limited to, initial licensure, renewal,

 

 

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1and restoration, shall be set by rule of the Department. The
2fees shall be nonrefundable.
3    (b) In addition to the application fee, applicants for the
4examination are required to pay, either to the Department or
5the designated testing service, a fee covering the cost of
6determining an applicant's eligibility and providing the
7examination. Failure to appear for the examination on the
8scheduled date, at the time and place specified, after the
9applicant's application and fee for examination have been
10received and acknowledged by the Department or the designated
11testing service, shall result in the forfeiture of the fee.
12    (c) To support the costs of administering this Act, all
13community associations that (i) are subject to this Act by
14having 10 or more units, (ii) retain an individual to provide
15services as a community association manager for compensation,
16(iii) are not master associations under Section 18.5 of the
17Condominium Property Act or the Common Interest Community
18Association Act, and (iv) are registered in this State as
19not-for-profit corporations shall pay to the Department an
20annual fee of $50 plus an additional $1 per unit, but shall not
21exceed an annual fee of $1,000 for any community association.
22The Department may establish forms and promulgate any rules for
23the effective collection of such fees under this subsection
24(c).
25    Any not-for-profit corporation in this State that fails to
26pay in full to the Department all fees owed under this

 

 

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1subsection (c) shall be subject to the penalties and procedures
2provided for under Section 92 of this Act.
3    (c) (d) All fees, fines, penalties, or other monies
4received or collected pursuant to this Act shall be deposited
5in the Community Association Manager Licensing and
6Disciplinary Fund.
7(Source: P.A. 96-726, eff. 7-1-10; 97-1021, eff. 8-17-12.)
 
8    (225 ILCS 427/70)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 70. Penalty for insufficient funds; payments. Any
11person who delivers a check or other payment to the Department
12that is returned to the Department unpaid by the financial
13institution upon which it is drawn shall pay to the Department,
14in addition to the amount already owed to the Department, a
15fine of $50. The Department shall notify the person that
16payment of fees and fines shall be paid to the Department by
17certified check or money order within 30 calendar days after
18notification. If, after the expiration of 30 days from the date
19of the notification, the person has failed to submit the
20necessary remittance, the Department shall automatically
21terminate the license or deny the application, without hearing.
22If, after termination or denial, the person seeks a license,
23he, or she, or it shall apply to the Department for restoration
24or issuance of the license and pay all fees and fines due to
25the Department. The Department may establish a fee for the

 

 

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1processing of an application for restoration of a license to
2pay all expenses of processing this application. The Secretary
3may waive the fines due under this Section in individual cases
4where the Secretary finds that the fines would be unreasonable
5or unnecessarily burdensome.
6(Source: P.A. 96-726, eff. 7-1-10.)
 
7    (225 ILCS 427/75)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 75. Endorsement. The Department may issue a license
10as a licensed community association manager or supervising
11community association manager license, without the required
12examination, to an applicant licensed under the laws of another
13state if the requirements for licensure in that state are, on
14the date of licensure, substantially equal to the requirements
15of this Act or to a person who, at the time of his or her
16application for licensure, possessed individual qualifications
17that were substantially equivalent to the requirements then in
18force in this State. An applicant under this Section shall pay
19all of the required fees.
20    Applicants have 3 years from the date of application to
21complete the application process. If the process has not been
22completed within the 3 years, the application shall be denied,
23the fee shall be forfeited, and the applicant must reapply and
24meet the requirements in effect at the time of reapplication.
25(Source: P.A. 96-726, eff. 7-1-10.)
 

 

 

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1    (225 ILCS 427/85)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 85. Grounds for discipline; refusal, revocation, or
4suspension.
5    (a) The Department may refuse to issue or renew a license,
6or may revoke a license, or may suspend, place on probation,
7reprimand, suspend, or revoke any license fine, or take any
8other disciplinary or non-disciplinary action as the
9Department may deem proper and impose a fine , including fines
10not to exceed $10,000 for each violation upon , with regard to
11any licensee or applicant under this Act or any person or
12entity who holds himself, herself, or itself out as an
13applicant or licensee for any one or combination of the
14following causes:
15        (1) Material misstatement in furnishing information to
16    the Department.
17        (2) Violations of this Act or its rules.
18        (3) Conviction of or entry of a plea of guilty or plea
19    of nolo contendere to any crime that is a felony or a
20    misdemeanor under the laws of the United States, or any
21    state, or any other jurisdiction territory thereof or entry
22    of an administrative sanction by a government agency in
23    this State or any other jurisdiction. Action taken under
24    this paragraph (3) for a misdemeanor or an administrative
25    sanction is limited to a misdemeanor or administrative

 

 

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1    sanction that has as of which an essential element is
2    dishonesty or fraud, that involves larceny, embezzlement,
3    or obtaining money, property, or credit by false pretenses
4    or by means of a confidence game, or that is directly
5    related to the practice of the profession.
6        (4) Making any misrepresentation for the purpose of
7    obtaining a license or violating any provision of this Act
8    or its rules.
9        (5) Professional incompetence.
10        (6) Gross negligence.
11        (7) Aiding or assisting another person in violating any
12    provision of this Act or its rules.
13        (8) Failing, within 30 days, to provide information in
14    response to a request made by the Department.
15        (9) Engaging in dishonorable, unethical, or
16    unprofessional conduct of a character likely to deceive,
17    defraud or harm the public as defined by the rules of the
18    Department, or violating the rules of professional conduct
19    adopted by the Department.
20        (10) Habitual or excessive use or addiction to alcohol,
21    narcotics, stimulants, or any other chemical agent or drug
22    that results in the inability to practice with reasonable
23    judgment, skill, or safety.
24        (11) Having been disciplined by another state, the
25    District of Columbia, a territory, a foreign nation, or a
26    governmental agency authorized to impose discipline

 

 

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1    Discipline by another state, territory, or country if at
2    least one of the grounds for the discipline is the same or
3    substantially equivalent of one of the grounds for which a
4    licensee may be disciplined under this Act. A certified
5    copy of the record of the action by the other state or
6    jurisdiction shall be prima facie evidence thereof to those
7    set forth in this Act.
8        (12) Directly or indirectly giving to or receiving from
9    any person, firm, corporation, partnership or association
10    any fee, commission, rebate, or other form of compensation
11    for any professional services not actually or personally
12    rendered.
13        (13) A finding by the Department that the licensee,
14    after having his, or her, or its license placed on
15    probationary status, has violated the terms of probation.
16        (14) Willfully making or filing false records or
17    reports relating to a licensee's practice, including but
18    not limited to false records filed with any State or
19    federal agencies or departments.
20        (15) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    under the Abused and Neglected Child Reporting Act and upon
23    proof by clear and convincing evidence that the licensee
24    has caused a child to be an abused child or neglected child
25    as defined in the Abused and Neglected Child Reporting Act.
26        (16) Physical illness or mental illness or impairment,

 

 

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1    including, but not limited to, deterioration through the
2    aging process or loss of motor skill that results in the
3    inability to practice the profession with reasonable
4    judgment, skill, or safety.
5        (17) Solicitation of professional services by using
6    false or misleading advertising.
7        (18) A finding that licensure has been applied for or
8    obtained by fraudulent means.
9        (19) Practicing or attempting to practice under a name
10    other than the full name as shown on the license or any
11    other legally authorized name.
12        (20) Gross overcharging for professional services
13    including, but not limited to, (i) collection of fees or
14    moneys for services that are not rendered; and (ii)
15    charging for services that are not in accordance with the
16    contract between the licensee and the community
17    association.
18        (21) Improper commingling of personal and client funds
19    in violation of this Act or any rules promulgated thereto.
20        (22) Failing to account for or remit any moneys or
21    documents coming into the licensee's possession that
22    belong to another person or entity.
23        (23) Giving differential treatment to a person that is
24    to that person's detriment because of race, color, creed,
25    sex, religion, or national origin.
26        (24) Performing and charging for services without

 

 

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1    reasonable authorization to do so from the person or entity
2    for whom service is being provided.
3        (25) Failing to make available to the Department, upon
4    request, any books, records, or forms required by this Act.
5        (26) Purporting to be a supervising community
6    association manager licensee-in-charge of a firm an agency
7    without active participation in the firm agency.
8        (27) Failing to make available to the Department at the
9    time of the request any indicia of licensure or
10    registration issued under this Act.
11        (28) Failing to maintain and deposit funds belonging to
12    a community association in accordance with subsection (b)
13    of Section 55 of this Act.
14        (29) Violating the terms of a disciplinary order issued
15    by the Department.
16    (b) In accordance with subdivision (a)(5) of Section 15 of
17the Department of Professional Regulation Law of the Civil
18Administrative Code of Illinois (20 ILCS 2105/2105-15), the
19Department shall deny a license or renewal authorized by this
20Act to a person who has defaulted on an educational loan or
21scholarship provided or guaranteed by the Illinois Student
22Assistance Commission or any governmental agency of this State.
23    (c) The determination by a circuit court that a licensee is
24subject to involuntary admission or judicial admission, as
25provided in the Mental Health and Developmental Disabilities
26Code, operates as an automatic suspension. The suspension will

 

 

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1terminate only upon a finding by a court that the patient is no
2longer subject to involuntary admission or judicial admission
3and the issuance of an order so finding and discharging the
4patient, and upon the recommendation of the Board to the
5Secretary that the licensee be allowed to resume his or her
6practice as a licensed community association manager.
7    (d) In accordance with subsection (g) of Section 15 of the
8Department of Professional Regulation Law of the Civil
9Administrative Code of Illinois (20 ILCS 2105/2105-15), the
10Department may refuse to issue or renew or may suspend the
11license of any person who fails to file a return, to pay the
12tax, penalty, or interest shown in a filed return, or to pay
13any final assessment of tax, penalty, or interest, as required
14by any tax Act administered by the Department of Revenue, until
15such time as the requirements of that tax Act are satisfied.
16    (e) In accordance with subdivision (a)(5) of Section 15 of
17the Department of Professional Regulation Law of the Civil
18Administrative Code of Illinois (20 ILCS 2105/2105-15) and in
19cases where the Department of Healthcare and Family Services
20(formerly Department of Public Aid) has previously determined
21that a licensee or a potential licensee is more than 30 days
22delinquent in the payment of child support and has subsequently
23certified the delinquency to the Department may refuse to issue
24or renew or may revoke or suspend that person's license or may
25take other disciplinary action against that person based solely
26upon the certification of delinquency made by the Department of

 

 

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1Healthcare and Family Services.
2    (f) In enforcing this Section, the Department or Board upon
3a showing of a possible violation may compel a licensee or an
4individual licensed to practice under this Act, or who has
5applied for licensure under this Act, to submit to a mental or
6physical examination, or both, as required by and at the
7expense of the Department. The Department or Board may order
8the examining physician to present testimony concerning the
9mental or physical examination of the licensee or applicant. No
10information shall be excluded by reason of any common law or
11statutory privilege relating to communications between the
12licensee or applicant and the examining physician. The
13examining physicians shall be specifically designated by the
14Board or Department. The individual to be examined may have, at
15his or her own expense, another physician of his or her choice
16present during all aspects of this examination. Failure of an
17individual to submit to a mental or physical examination, when
18directed, shall be grounds for suspension of his or her license
19or denial of his or her application or renewal until the
20individual submits to the examination if the Department finds,
21after notice and hearing, that the refusal to submit to the
22examination was without reasonable cause.
23    If the Department or Board finds an individual unable to
24practice because of the reasons set forth in this Section, the
25Department or Board may require that individual to submit to
26care, counseling, or treatment by physicians approved or

 

 

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1designated by the Department or Board, as a condition, term, or
2restriction for continued, reinstated, or renewed licensure to
3practice; or, in lieu of care, counseling, or treatment, the
4Department may file, or the Board may recommend to the
5Department to file, a complaint to immediately suspend, revoke,
6deny, or otherwise discipline the license of the individual. An
7individual whose license was granted, continued, reinstated,
8renewed, disciplined or supervised subject to such terms,
9conditions, or restrictions, and who fails to comply with such
10terms, conditions, or restrictions, shall be referred to the
11Secretary for a determination as to whether the individual
12shall have his or her license suspended immediately, pending a
13hearing by the Department.
14    In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that person's
16license must be convened by the Department within 30 days after
17the suspension and completed without appreciable delay. The
18Department and Board shall have the authority to review the
19subject individual's record of treatment and counseling
20regarding the impairment to the extent permitted by applicable
21federal statutes and regulations safeguarding the
22confidentiality of medical records.
23    An individual licensed under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate to
25the Department or Board that he or she can resume practice in
26compliance with acceptable and prevailing standards under the

 

 

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1provisions of his or her license.
2(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)
 
3    (225 ILCS 427/87)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 87. Suspension of license for failure to pay
6restitution. The Department, without further process or
7hearing, shall suspend the license or other authorization to
8practice of any person issued under this Act who has been
9certified by court order as not having paid restitution to a
10person under Section 8A-3.5 of the Illinois Public Aid Code or
11under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
12the Criminal Code of 2012. A person whose license or other
13authorization to practice is suspended under this Section is
14prohibited from engaging in the practice of community
15association management practicing until the restitution is
16made in full.
17(Source: P.A. 96-726, eff. 7-1-10; 97-1150, eff. 1-25-13.)
 
18    (225 ILCS 427/92)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 92. Unlicensed practice; violation; civil penalty.
21    (a) Any person, entity or other business who practices,
22offers to practice, attempts to practice, or holds himself,
23herself or itself out to practice as a community association
24manager or community association management firm management

 

 

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1service or provide services as a community association manager
2or community association management firm to any community
3association in this State without being licensed under this Act
4shall, in addition to any other penalty provided by law, pay a
5civil penalty to the Department in an amount not to exceed
6$10,000 for each offense, as determined by the Department. The
7civil penalty shall be assessed by the Department after a
8hearing is held in accordance with the provisions set forth in
9this Act regarding the provision of a hearing for the
10discipline of a licensee.
11    (b) The Department may investigate any and all unlicensed
12activity.
13    (c) The civil penalty shall be paid within 60 days after
14the effective date of the order imposing the civil penalty. The
15order shall constitute a judgment and may be filed and
16execution had thereon in the same manner as any judgment from
17any court of record.
18(Source: P.A. 96-726, eff. 7-1-10.)
 
19    (225 ILCS 427/135)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 135. License surrender. Upon the revocation or
22suspension of any license authorized under this Act, the
23licensee shall immediately surrender the license or licenses to
24the Department. If the licensee fails to do so, the Department
25has the right to seize the license or licenses.

 

 

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1(Source: P.A. 96-726, eff. 7-1-10.)
 
2    (225 ILCS 427/155)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 155. Violations; penalties.
5    (a) A person who violates any of the following provisions
6shall be guilty of a Class A misdemeanor; a person who commits
7a second or subsequent violation of these provisions is guilty
8of a Class 4 felony:
9        (1) The practice of or attempted practice of or holding
10    out as available to practice as a community association
11    manager, or supervising community association manager
12    without a license.
13        (2) Operation of or attempt to operate a community
14    association management firm Community Association
15    Management Agency without a firm an agency license or a
16    designated supervising community association manager.
17        (3) The obtaining of or the attempt to obtain any
18    license or authorization issued under this Act by
19    fraudulent misrepresentation.
20    (b) Whenever a licensee is convicted of a felony related to
21the violations set forth in this Section, the clerk of the
22court in any jurisdiction shall promptly report the conviction
23to the Department and the Department shall immediately revoke
24any license authorized under this Act as a community
25association manager held by that licensee. The licensee

 

 

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1individual shall not be eligible for licensure under this Act
2until at least 10 years have elapsed since the time of full
3discharge from any sentence imposed for a felony conviction. If
4any person in making any oath or affidavit required by this Act
5swears falsely, the person is guilty of perjury and may be
6punished accordingly.
7(Source: P.A. 96-726, eff. 7-1-10.)
 
8    (225 ILCS 427/165)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 165. Home rule. The regulation and licensing of
11community association managers, supervising community
12association managers, and community association management
13firms Community Association Management Agencies are exclusive
14powers and functions of the State. A home rule unit may not
15regulate or license community association managers,
16supervising community association managers, or community
17association management firms and Community Association
18Management Agencies. This Section is a denial and limitation of
19home rule powers and functions under subsection (h) of Section
206 of Article VII of the Illinois Constitution.
21(Source: P.A. 96-726, eff. 7-1-10.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2014.".