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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Community Association Manager Licensing and
5		Disciplinary Act is amended by changing Sections 5, 10, 15, 20,
6		25, 27, 32, 40, 50, 55, 60, 65, 70, 75, 85, 87, 92, 135, 155,
7		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9		(Section scheduled to be repealed on January 1, 2020)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
11		Assembly that this Act provide for the licensing and regulation
12		of managers of community association managers and community
13		association management firms associations, ensure that those
14		who hold themselves out as possessing professional
15		qualifications to engage in the business provision of community
16		association management services are, in fact, qualified to
17		render management services of a professional nature, and
18		provide for the maintenance of high standards of professional
19		conduct by those licensed to provide as community association
20		management services managers.
21		(Source: P.A. 96-726, eff. 7-1-10.)
22		(225 ILCS 427/10)

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1		(Section scheduled to be repealed on January 1, 2020)
2		Sec. 10. Definitions. As used in this Act:
3		"Address of record" means the designated address recorded
4		by the Department in the applicant's or licensee's application
5		file or license file maintained by the Department's licensure
6		maintenance unit. It is the duty of the applicant or licensee
7		to inform the Department of any change of address, and such
8		changes must be made either through the Department's website or
9		by contacting the Department's licensure maintenance unit.
10		"Advertise" means, but is not limited to, issuing or
11		causing to be distributed any card, sign or device to any
12		person; or causing, permitting or allowing any sign or marking
13		on or in any building, structure, newspaper, magazine or
14		directory, or on radio or television; or advertising by any
15		other means designed to secure public attention.
16		"Board" means the Illinois Community Association Manager
17		Licensing and Disciplinary Board.
18		"Community association" means an association in which
19		membership is a condition of ownership or shareholder interest
20		of a unit in a condominium, cooperative, townhouse, villa, or
21		other residential unit which is part of a residential
22		development plan and that is authorized to impose an
23		assessment, rents, or other costs that may become a lien on the
24		unit or lot.
25		"Community association funds" means any assessments, fees,
26		fines, or other funds collected by the community association

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1		manager from the community association, or its members, other
2		than the compensation paid to the community association manager
3		for performance of community association management services.
4		"Community association management firm" means a company,
5		corporation, limited liability company, or other entity that
6		engages in the community association management business.
7		"Community association management services" means those
8		services listed in the definition of community association
9		manager in this Section.
10		"Community Association Management Agency" means a company,
11		firm, corporation, limited liability company, or other entity
12		that engages in the community association management business
13		and employs, in addition to the licensee-in-charge, at least
14		one other person in conducting such business.
15		"Community association manager" means an individual who
16		administers for remuneration the financial, administrative,
17		maintenance, or other duties for the community association,
18		including the following services: (A) collecting, controlling
19		or disbursing funds of the community association or having the
20		authority to do so; (B) preparing budgets or other financial
21		documents for the community association; (C) assisting in the
22		conduct of community association meetings; (D) maintaining
23		association records; and (E) administrating association
24		contracts, as stated in the declaration, bylaws, proprietary
25		lease, declaration of covenants, or other governing document of
26		the community association. "Community association manager"

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1		does not mean support staff, including, but not limited to
2		bookkeepers, administrative assistants, secretaries, property
3		inspectors, or customer service representatives.
4		"Department" means the Department of Financial and
5		Professional Regulation.
6		"License" means the license issued to a person,
7		corporation, partnership, limited liability company, or other
8		legal entity to act as a community association manager under
9		this Act to provide community association management services
10		or other authority to practice issued under this Act.
11		"Person" means any individual, firm, corporation,
12		partnership, limited liability company, or other legal entity
13		organization, or body politic.
14		"Licensee-in-charge" means a person licensed as a
15		community association manager who has been designated by a
16		Community Association Management Agency as the full-time
17		management employee or owner who assumes sole responsibility
18		for maintaining all records required by this Act and who
19		assumes sole responsibility for assuring the licensed agency's
20		compliance with its responsibilities as stated in the Act.
21		"Secretary" means the Secretary of Financial and
22		Professional Regulation.
23		"Supervising community association manager" means an
24		individual licensed as a community association manager who
25		manages and supervises licensees in an office.
26		(Source: P.A. 96-726, eff. 7-1-10.)

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1		(225 ILCS 427/15)
2		(Section scheduled to be repealed on January 1, 2020)
3		Sec. 15. License required. It Beginning 12 months after the
4		adoption of rules providing for the licensure of a community
5		association manager in Illinois under this Act, it shall be
6		unlawful for any person, corporation, partnership, limited
7		liability company, or other entity, or other business to
8		provide community association management services, or provide
9		services as a community association manager, or hold himself,
10		herself, or itself out as a community association manager or
11		community association management firm to any community
12		association in this State, unless he, or she, or it holds a
13		current and valid license issued licensed by the Department or
14		is otherwise exempt from licensure under this Act.
15		(Source: P.A. 96-726, eff. 7-1-10.)
16		(225 ILCS 427/20)
17		(Section scheduled to be repealed on January 1, 2020)
18		Sec. 20. Exemptions.
19		(a) The requirement for holding a license under this This
20		Act shall does not apply to any of the following:
21		(1) Any director, officer, or member of a community
22		association providing one or more of the services of a
23		community association manager to a community association
24		without compensation for such services to the association.

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1		(2) Any person, corporation, partnership, or limited
2		liability company providing one or more of the services of
3		a community association manager to a community association
4		of 10 units or less.
5		(3) A licensed attorney acting solely as an incident to
6		the practice of law.
7		(4) A person acting as a receiver, trustee in
8		bankruptcy, administrator, executor, or guardian acting
9		under a court order or under the authority of a will or of
10		a trust instrument.
11		(5) A person licensed in this State under any other Act
12		from engaging the practice for which he or she is licensed.
13		(b) A licensed community association manager may not
14		perform or engage in any activities for which a real estate
15		managing broker or real estate broker's salesperson's license
16		is required under the Real Estate License Act of 2000, unless
17		he or she also possesses a current and valid license under the
18		Real Estate License Act of 2000 and is providing those services
19		as provided for in the Real Estate License Act of 2000 and the
20		applicable rules.
21		(c) A person may temporarily act as, or provide services
22		as, a community association manager without being licensed
23		under this Act if the person (i) is a community association
24		manager regulated under the laws of another state or territory
25		of the United States or another country and (ii) has applied in
26		writing to the Department, on forms prepared and furnished by

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1		the Department, for licensure under this Act. This temporary
2		right to act as a community association manager shall expire ,
3		but only until the expiration of 6 months after the filing of
4		his or her written application to the Department; , his or upon
5		the her withdrawal of the application for licensure under this
6		Act; or upon delivery of , he or she has received a notice of
7		intent to deny the application from the Department; , or upon
8		the denial of the application by the Department, whichever
9		occurs first.
10		(Source: P.A. 96-726, eff. 7-1-10.)
11		(225 ILCS 427/25)
12		(Section scheduled to be repealed on January 1, 2020)
13		Sec. 25. Community Association Manager Licensing and
14		Disciplinary Board.
15		(a) There is hereby created the Community Association
16		Manager Licensing and Disciplinary Board, which shall consist
17		of 7 members appointed by the Secretary. All members must be
18		residents of the State and must have resided in the State for
19		at least 5 years immediately preceding the date of appointment.
20		Five members of the Board must be licensees under this Act, at
21		least two members of which shall be supervising community
22		association managers except that, initially, these members
23		must meet the qualifications for licensure and have obtained a
24		license within 6 months after the effective date of this Act.
25		Two members of the Board shall be owners of, or hold a

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1		shareholder's interest in, shareholders of a unit in a
2		community association at the time of appointment who are not
3		licensees under this Act and have no direct affiliation or work
4		experience with the community association's community
5		association manager. This Board shall act in an advisory
6		capacity to the Department.
7		(b) Board members shall serve for terms of 5 years, except
8		that, initially, 4 members shall serve for 5 years and 3
9		members shall serve for 4 years. All members shall serve until
10		his or her successor is appointed and qualified. All vacancies
11		shall be filled in like manner for the unexpired term. No
12		member shall serve for more than 2 successive terms. The
13		Secretary shall remove from the Board any member whose license
14		has become void or has been revoked or suspended and may remove
15		any member of the Board for neglect of duty, misconduct, or
16		incompetence. A member who is subject to formal disciplinary
17		proceedings shall disqualify himself or herself from all Board
18		business until the charge is resolved. A member also shall
19		disqualify himself or herself from any matter on which the
20		member cannot act objectively.
21		(c) Four Board members shall constitute a quorum. A quorum
22		is required for all Board decisions.
23		(d) The Board shall may elect annually a chairperson and
24		vice chairperson.
25		(e) Each member shall receive reimbursement as set by the
26		Governor's Travel Control Board for expenses incurred in

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1		carrying out the duties as a Board member. The Board shall be
2		compensated as determined by the Secretary.
3		(f) The Board may recommend policies, procedures, and rules
4		relevant to the administration and enforcement of this Act.
5		(Source: P.A. 96-726, eff. 7-1-10.)
6		(225 ILCS 427/27)
7		(Section scheduled to be repealed on January 1, 2020)
8		Sec. 27. Immunity from Liability. Any member of the Board,
9		any attorney providing advice to the Board or Department, any
10		person acting as a consultant to the Board or Department, and
11		any witness testifying in a proceeding authorized under this
12		Act, excluding the party making the complaint, shall be immune
13		from liability in any civil action brought against him or her
14		for acts occurring while acting in his or her capacity as a
15		Board member, attorney, consultant, or witness, respectively,
16		unless the conduct that gave rise to the action was willful or
17		wanton misconduct.
18		(Source: P.A. 96-726, eff. 7-1-10.)
19		(225 ILCS 427/32)
20		(Section scheduled to be repealed on January 1, 2020)
21		Sec. 32. Social Security Number or Federal Tax
22		Identification Number on license application. In addition to
23		any other information required to be contained in the
24		application, every application for an original license under

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1		this Act shall include the applicant's Social Security Number
2		or Federal Tax Identification Number, which shall be retained
3		in the Department's agency's records pertaining to the license.
4		As soon as practical, the Department shall assign a customer's
5		identification number to each applicant for a license.
6		Every application for a renewal or restored license shall
7		require the applicant's customer identification number.
8		(Source: P.A. 96-726, eff. 7-1-10; 97-400, eff. 1-1-12.)
9		(225 ILCS 427/40)
10		(Section scheduled to be repealed on January 1, 2020)
11		Sec. 40. Qualifications for licensure as a community
12		association manager.
13		(a) No person shall be qualified for licensure as a
14		community association manager under this Act, unless he or she
15		has applied in writing on the prescribed forms and has paid the
16		required, nonrefundable fees and meets all of the following
17		qualifications:
18		(1) He or she is at least 21 years of age.
19		(2) He or she provides satisfactory evidence of having
20		completed at least 20 classroom hours in community
21		association management courses approved by the Board.
22		(3) He or she has passed an examination authorized by
23		the Department.
24		(4) He or she has not committed an act or acts, in this
25		or any other jurisdiction, that would be a violation of

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1		this Act.
2		(5) He or she is of good moral character. In
3		determining moral character under this Section, the
4		Department may take into consideration whether the
5		applicant has engaged in conduct or activities that would
6		constitute grounds for discipline under this Act. Good
7		moral character is a continuing requirement of licensure.
8		Conviction of crimes may be used in determining moral
9		character, but shall not constitute an absolute bar to
10		licensure.
11		(6) He or she has not been declared by any court of
12		competent jurisdiction to be incompetent by reason of
13		mental or physical defect or disease, unless a court has
14		subsequently declared him or her to be competent.
15		(7) He or she complies with any additional
16		qualifications for licensure as determined by rule of the
17		Department.
18		(b) The education requirement set forth in item (2) of
19		subsection (a) of this Section shall not apply to persons
20		holding a real estate broker or real estate broker salesperson
21		license in good standing issued under the Real Estate License
22		Act of 2000.
23		(c) The examination and initial education requirement of
24		items (2) and (3) of subsection (a) of this Section shall not
25		apply to any person who within 6 months from the effective date
26		of the requirement for licensure, as set forth in Section 170

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1		of this Act, applies for a license by providing satisfactory
2		evidence to the Department of qualifying experience or
3		education, as may be set forth by rule, including without
4		limitation evidence that he or she has (i) practiced community
5		association management for a period of 5 years or (ii) achieved
6		a designation awarded by recognized community association
7		management organizations in the State.
8		(d) Applicants have 3 years from the date of application to
9		complete the application process. If the process has not been
10		completed within the 3 years, the application shall be denied,
11		the fee shall be forfeited, and the applicant must reapply and
12		meet the requirements in effect at the time of re-application.
13		(Source: P.A. 96-726, eff. 7-1-10; 96-993, eff. 7-2-10.)
14		(225 ILCS 427/42 new)
15		(Section scheduled to be repealed on January 1, 2020)
16		Sec. 42. Qualifications for licensure as a supervising
17		community association manager.
18		(a) No person shall be qualified for licensure as a
19		supervising community association manager under this Act
20		unless he or she has applied in writing on the prescribed
21		forms, has paid the required nonrefundable fees, and meets all
22		of the following qualifications:
23		(1) He or she is at least 21 years of age.
24		(2) He or she has been licensed at least one out of the
25		last 2 preceding years as a community association manager.

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1		(3) He or she provides satisfactory evidence of having
2		completed at least 30 classroom hours in community
3		association management courses approved by the Board, 20
4		hours of which shall be those pre-license hours required to
5		obtain a community association manager license, and 10
6		additional hours completed the year immediately preceding
7		the filing of the application for a supervising community
8		association manager license, which shall focus on
9		community association administration, management, and
10		supervision.
11		(4) He or she has passed an examination authorized by
12		the Department.
13		(5) He or she has not committed an act or acts, in this
14		or any other jurisdiction, that would be a violation of
15		this Act.
16		(6) He or she is of good moral character. In
17		determining moral character under this Section, the
18		Department may take into consideration whether the
19		applicant has engaged in conduct or activities that would
20		constitute grounds for discipline under this Act. Good
21		moral character is a continuing requirement of licensure.
22		Conviction of crimes may be used in determining moral
23		character, but shall not constitute an absolute bar to
24		licensure.
25		(7) He or she has not been declared by any court of
26		competent jurisdiction to be incompetent by reason of

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1		mental or physical defect or disease, unless a court has
2		subsequently declared him or her to be competent.
3		(8) He or she complies with any additional
4		qualifications for licensure as determined by rule of the
5		Department.
6		(b) The initial 20-hour education requirement set forth in
7		item (3) of subsection (a) of this Section shall not apply to
8		persons holding a real estate managing broker or real estate
9		broker license in good standing issued under the Real Estate
10		License Act of 2000. The 10 additional hours required for
11		licensure under this Section shall be completed as required.
12		(c) The examination and initial education requirement of
13		items (3) and (4) of subsection (a) of this Section shall not
14		apply to any person who, within 6 months after the effective
15		date of the requirement for licensure, as set forth in Section
16		170 of this Act, applies for a license by providing
17		satisfactory evidence to the Department of qualifying
18		experience or education, as may be set forth by rule, including
19		without limitation, evidence that he or she has practiced
20		community association management for a period of 7 years.
21		(d) Applicants have 3 years after the date of application
22		to complete the application process. If the process has not
23		been completed within the 3 years, the application shall be
24		denied, the fee shall be forfeited, and the applicant must
25		reapply and meet the requirements in effect at the time of
26		re-application.

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1		(225 ILCS 427/50)
2		(Section scheduled to be repealed on January 1, 2020)
3		Sec. 50. Community association management firm Association
4		Management Agency.
5		(a) No firm, corporation, partnership, limited liability
6		company, or other legal entity shall provide or offer to
7		provide community association management services, unless it
8		has applied in writing on the prescribed forms and has paid the
9		required nonrefundable fees and provided evidence to the
10		Department that the firm has designated a licensed supervising
11		community association manager to supervise and manage the firm.
12		A designated supervising community association manager shall
13		be a continuing requirement of firm licensure. No supervising
14		community association manager may be the supervising community
15		association manager for more than one firm. such services are
16		provided through:
17		(1) an employee or independent contractor who is
18		licensed under this Act;
19		(2) a natural person who is acting under the direct
20		supervision of an employee of such firm, corporation,
21		limited liability company, or other legal entity that is
22		licensed under this Act; or
23		(3) a natural person who is legally authorized to
24		provide such services.
25		(b) Any firm, corporation, partnership, limited liability

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1		company, or other legal entity that is providing, or offering
2		to provide, community association management services and is
3		not in compliance with Section 50 and other the provisions of
4		this Act shall be subject to the fines, injunctions, cease and
5		desist provisions, and penalties provided for in Sections 90,
6		92, and 155 of this Act.
7		(c) No community association manager may be the
8		licensee-in-charge for more than one firm, corporation,
9		limited liability company, or other legal entity.
10		(Source: P.A. 96-726, eff. 7-1-10.)
11		(225 ILCS 427/55)
12		(Section scheduled to be repealed on January 1, 2020)
13		Sec. 55. Fidelity insurance; segregation of accounts.
14		(a) The supervising community association manager or the
15		community association management firm A community association
16		manager or the Community Association Management Agency with
17		which he or she is employed shall not have access to and
18		disburse community association funds of a community
19		association unless each of the following conditions occur:
20		(1) There is fidelity insurance in place to insure
21		against loss for theft of community association funds.
22		(2) The fidelity insurance is not less than all moneys
23		under the control of the supervising community association
24		manager community association manager or the employing
25		community association management firm Community

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1		Association Management Agency for the association.
2		(3) The fidelity insurance covers the community
3		association manager, supervising community association
4		manager, and all partners, officers, and employees of the
5		community association management firm Community
6		Association Management Agency with whom he or she is
7		employed during the term of the insurance coverage, which
8		shall be at least for the same term as the service
9		agreement between the community association management
10		firm or supervising community association manager as well
11		as the community association officers, directors, and
12		employees.
13		(4) The insurance company issuing the fidelity
14		insurance may not cancel or refuse to renew the bond
15		without giving at least 10 days' prior written notice.
16		(5) Unless an agreement between the community
17		association and the supervising community association
18		manager or the community association management firm
19		Community Association Management Agency provides to the
20		contrary, a community association may secure and pay the
21		Association secures and pays for the fidelity insurance
22		required by this Section. The supervising community
23		association manager or the community association
24		management firm community association manager and the
25		Community Association Management Agency must be named as
26		additional insured parties on the community association

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1		policy.
2		(b) A community association management firm manager or
3		Community Association Management Agency that provides
4		community association management services for more than one
5		community association shall maintain separate, segregated
6		accounts for each community association or, with the consent of
7		the community association, combine the accounts of one or more
8		community associations, but in that event, separately account
9		for the funds of each community association. The funds shall
10		not, in any event, be commingled with the supervising community
11		association manager's or community association management
12		firm's Community Association Management Agency's funds. The
13		maintenance of such accounts shall be custodial, and such
14		accounts shall be in the name of the respective community
15		association or community association manager or Community
16		Association Management Agency as the agent for the association.
17		(c) The supervising community association manager or
18		community association management firm Community Association
19		Management Agency shall obtain the appropriate general
20		liability and errors and omissions insurance, as determined by
21		the Department, to cover any losses or claims against the
22		supervising community association manager or the community
23		association management firm community association clients.
24		(d) The Department shall have authority to promulgate
25		additional rules regarding insurance, fidelity insurance and
26		all accounts maintained and to be maintained by a supervising

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1		community association manager or community association
2		management firm Community Association Management Agency.
3		(Source: P.A. 96-726, eff. 7-1-10.)
4		(225 ILCS 427/60)
5		(Section scheduled to be repealed on January 1, 2020)
6		Sec. 60. Licenses; renewals; restoration; person in
7		military service.
8		(a) The expiration date and renewal period for each license
9		issued under this Act shall be set by rule. The Department may
10		promulgate rules requiring continuing education and set all
11		necessary requirements for such, including but not limited to
12		fees, approved coursework, number of hours, and waivers of
13		continuing education.
14		(b) Any licensee who has permitted his, or her, or its
15		license to expire may have the license restored by making
16		application to the Department and filing proof acceptable to
17		the Department of fitness to have his, or her, or its license
18		restored, by which may include sworn evidence certifying to
19		active practice in another jurisdiction satisfactory to the
20		Department, complying with any continuing education
21		requirements, and paying the required restoration fee.
22		(c) If the person has not maintained an active practice in
23		another jurisdiction satisfactory to the Department, the
24		Department shall determine, by an evaluation program
25		established by rule, the person's fitness to resume active

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1		status and may require the person to complete a period of
2		evaluated clinical experience and successful completion of a
3		practical examination. However, any person whose license
4		expired while (i) in federal service on active duty with the
5		Armed Forces of the United States or called into service or
6		training with the State Militia or (ii) in training or
7		education under the supervision of the United States
8		preliminary to induction into the military service may have his
9		or her license renewed or restored without paying any lapsed
10		renewal fees if, within 2 years after honorable termination of
11		the service, training or education, except under condition
12		other than honorable, he or she furnishes the Department with
13		satisfactory evidence to the effect that he or she has been so
14		engaged and that the service, training, or education has been
15		so terminated.
16		(d) A community association manager, community association
17		management firm or supervising community association manager
18		who notifies the Department, in writing on forms prescribed by
19		the Department, may place his, or her, or its license on
20		inactive status and shall be excused from the payment of
21		renewal fees until the person notifies the Department in
22		writing of the intention to resume active practice.
23		(e) A community association manager, community association
24		management firm, or supervising community association manager
25		requesting his, or her, or its license be changed from inactive
26		to active status shall be required to pay the current renewal

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1		fee and shall also demonstrate compliance with the continuing
2		education requirements.
3		(f) Any licensee with a license nonrenewed or on inactive
4		license status shall not provide community association
5		management services or provide services as community
6		association manager as set forth in this Act.
7		(g) Any person violating subsection (f) of this Section
8		shall be considered to be practicing without a license and will
9		be subject to the disciplinary provisions of this Act.
10		(Source: P.A. 96-726, eff. 7-1-10.)
11		(225 ILCS 427/65)
12		(Section scheduled to be repealed on January 1, 2020)
13		Sec. 65. Fees; Community Association Manager Licensing and
14		Disciplinary Fund.
15		(a) The fees for the administration and enforcement of this
16		Act, including, but not limited to, initial licensure, renewal,
17		and restoration, shall be set by rule of the Department. The
18		fees shall be nonrefundable.
19		(b) In addition to the application fee, applicants for the
20		examination are required to pay, either to the Department or
21		the designated testing service, a fee covering the cost of
22		determining an applicant's eligibility and providing the
23		examination. Failure to appear for the examination on the
24		scheduled date, at the time and place specified, after the
25		applicant's application and fee for examination have been

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1		received and acknowledged by the Department or the designated
2		testing service, shall result in the forfeiture of the fee.
3		(c) To support the costs of administering this Act, all
4		community associations that (i) are subject to this Act by
5		having 10 or more units, (ii) retain an individual to provide
6		services as a community association manager for compensation,
7		(iii) are not master associations under Section 18.5 of the
8		Condominium Property Act or the Common Interest Community
9		Association Act, and (iv) are registered in this State as
10		not-for-profit corporations shall pay to the Department an
11		annual fee of $50 plus an additional $1 per unit, but shall not
12		exceed an annual fee of $1,000 for any community association.
13		The Department may establish forms and promulgate any rules for
14		the effective collection of such fees under this subsection
15		(c).
16		Any not-for-profit corporation in this State that fails to
17		pay in full to the Department all fees owed under this
18		subsection (c) shall be subject to the penalties and procedures
19		provided for under Section 92 of this Act.
20		(c) (d) All fees, fines, penalties, or other monies
21		received or collected pursuant to this Act shall be deposited
22		in the Community Association Manager Licensing and
23		Disciplinary Fund.
24		(Source: P.A. 96-726, eff. 7-1-10; 97-1021, eff. 8-17-12.)
25		(225 ILCS 427/70)

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1		(Section scheduled to be repealed on January 1, 2020)
2		Sec. 70. Penalty for insufficient funds; payments. Any
3		person who delivers a check or other payment to the Department
4		that is returned to the Department unpaid by the financial
5		institution upon which it is drawn shall pay to the Department,
6		in addition to the amount already owed to the Department, a
7		fine of $50. The Department shall notify the person that
8		payment of fees and fines shall be paid to the Department by
9		certified check or money order within 30 calendar days after
10		notification. If, after the expiration of 30 days from the date
11		of the notification, the person has failed to submit the
12		necessary remittance, the Department shall automatically
13		terminate the license or deny the application, without hearing.
14		If, after termination or denial, the person seeks a license,
15		he, or she, or it shall apply to the Department for restoration
16		or issuance of the license and pay all fees and fines due to
17		the Department. The Department may establish a fee for the
18		processing of an application for restoration of a license to
19		pay all expenses of processing this application. The Secretary
20		may waive the fines due under this Section in individual cases
21		where the Secretary finds that the fines would be unreasonable
22		or unnecessarily burdensome.
23		(Source: P.A. 96-726, eff. 7-1-10.)
24		(225 ILCS 427/75)
25		(Section scheduled to be repealed on January 1, 2020)

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1		Sec. 75. Endorsement. The Department may issue a license
2		as a licensed community association manager or supervising
3		community association manager license, without the required
4		examination, to an applicant licensed under the laws of another
5		state if the requirements for licensure in that state are, on
6		the date of licensure, substantially equal to the requirements
7		of this Act or to a person who, at the time of his or her
8		application for licensure, possessed individual qualifications
9		that were substantially equivalent to the requirements then in
10		force in this State. An applicant under this Section shall pay
11		all of the required fees.
12		Applicants have 3 years from the date of application to
13		complete the application process. If the process has not been
14		completed within the 3 years, the application shall be denied,
15		the fee shall be forfeited, and the applicant must reapply and
16		meet the requirements in effect at the time of reapplication.
17		(Source: P.A. 96-726, eff. 7-1-10.)
18		(225 ILCS 427/85)
19		(Section scheduled to be repealed on January 1, 2020)
20		Sec. 85. Grounds for discipline; refusal, revocation, or
21		suspension.
22		(a) The Department may refuse to issue or renew a license,
23		or may revoke a license, or may suspend, place on probation,
24		reprimand, suspend, or revoke any license fine, or take any
25		other disciplinary or non-disciplinary action as the

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1		Department may deem proper and impose a fine , including fines
2		not to exceed $10,000 for each violation upon , with regard to
3		any licensee or applicant under this Act or any person or
4		entity who holds himself, herself, or itself out as an
5		applicant or licensee for any one or combination of the
6		following causes:
7		(1) Material misstatement in furnishing information to
8		the Department.
9		(2) Violations of this Act or its rules.
10		(3) Conviction of or entry of a plea of guilty or plea
11		of nolo contendere to any crime that is a felony or a
12		misdemeanor under the laws of the United States, or any
13		state, or any other jurisdiction territory thereof or entry
14		of an administrative sanction by a government agency in
15		this State or any other jurisdiction. Action taken under
16		this paragraph (3) for a misdemeanor or an administrative
17		sanction is limited to a misdemeanor or administrative
18		sanction that has as of which an essential element is
19		dishonesty or fraud, that involves larceny, embezzlement,
20		or obtaining money, property, or credit by false pretenses
21		or by means of a confidence game, or that is directly
22		related to the practice of the profession.
23		(4) Making any misrepresentation for the purpose of
24		obtaining a license or violating any provision of this Act
25		or its rules.
26		(5) Professional incompetence.

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1		(6) Gross negligence.
2		(7) Aiding or assisting another person in violating any
3		provision of this Act or its rules.
4		(8) Failing, within 30 days, to provide information in
5		response to a request made by the Department.
6		(9) Engaging in dishonorable, unethical, or
7		unprofessional conduct of a character likely to deceive,
8		defraud or harm the public as defined by the rules of the
9		Department, or violating the rules of professional conduct
10		adopted by the Department.
11		(10) Habitual or excessive use or addiction to alcohol,
12		narcotics, stimulants, or any other chemical agent or drug
13		that results in the inability to practice with reasonable
14		judgment, skill, or safety.
15		(11) Having been disciplined by another state, the
16		District of Columbia, a territory, a foreign nation, or a
17		governmental agency authorized to impose discipline
18		Discipline by another state, territory, or country if at
19		least one of the grounds for the discipline is the same or
20		substantially equivalent of one of the grounds for which a
21		licensee may be disciplined under this Act. A certified
22		copy of the record of the action by the other state or
23		jurisdiction shall be prima facie evidence thereof to those
24		set forth in this Act.
25		(12) Directly or indirectly giving to or receiving from
26		any person, firm, corporation, partnership or association

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1		any fee, commission, rebate, or other form of compensation
2		for any professional services not actually or personally
3		rendered.
4		(13) A finding by the Department that the licensee,
5		after having his, or her, or its license placed on
6		probationary status, has violated the terms of probation.
7		(14) Willfully making or filing false records or
8		reports relating to a licensee's practice, including but
9		not limited to false records filed with any State or
10		federal agencies or departments.
11		(15) Being named as a perpetrator in an indicated
12		report by the Department of Children and Family Services
13		under the Abused and Neglected Child Reporting Act and upon
14		proof by clear and convincing evidence that the licensee
15		has caused a child to be an abused child or neglected child
16		as defined in the Abused and Neglected Child Reporting Act.
17		(16) Physical illness or mental illness or impairment,
18		including, but not limited to, deterioration through the
19		aging process or loss of motor skill that results in the
20		inability to practice the profession with reasonable
21		judgment, skill, or safety.
22		(17) Solicitation of professional services by using
23		false or misleading advertising.
24		(18) A finding that licensure has been applied for or
25		obtained by fraudulent means.
26		(19) Practicing or attempting to practice under a name

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1		other than the full name as shown on the license or any
2		other legally authorized name.
3		(20) Gross overcharging for professional services
4		including, but not limited to, (i) collection of fees or
5		moneys for services that are not rendered; and (ii)
6		charging for services that are not in accordance with the
7		contract between the licensee and the community
8		association.
9		(21) Improper commingling of personal and client funds
10		in violation of this Act or any rules promulgated thereto.
11		(22) Failing to account for or remit any moneys or
12		documents coming into the licensee's possession that
13		belong to another person or entity.
14		(23) Giving differential treatment to a person that is
15		to that person's detriment because of race, color, creed,
16		sex, religion, or national origin.
17		(24) Performing and charging for services without
18		reasonable authorization to do so from the person or entity
19		for whom service is being provided.
20		(25) Failing to make available to the Department, upon
21		request, any books, records, or forms required by this Act.
22		(26) Purporting to be a supervising community
23		association manager licensee-in-charge of a firm an agency
24		without active participation in the firm agency.
25		(27) Failing to make available to the Department at the
26		time of the request any indicia of licensure or

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1		registration issued under this Act.
2		(28) Failing to maintain and deposit funds belonging to
3		a community association in accordance with subsection (b)
4		of Section 55 of this Act.
5		(29) Violating the terms of a disciplinary order issued
6		by the Department.
7		(b) In accordance with subdivision (a)(5) of Section 15 of
8		the Department of Professional Regulation Law of the Civil
9		Administrative Code of Illinois (20 ILCS 2105/2105-15), the
10		Department shall deny a license or renewal authorized by this
11		Act to a person who has defaulted on an educational loan or
12		scholarship provided or guaranteed by the Illinois Student
13		Assistance Commission or any governmental agency of this State.
14		(c) The determination by a circuit court that a licensee is
15		subject to involuntary admission or judicial admission, as
16		provided in the Mental Health and Developmental Disabilities
17		Code, operates as an automatic suspension. The suspension will
18		terminate only upon a finding by a court that the patient is no
19		longer subject to involuntary admission or judicial admission
20		and the issuance of an order so finding and discharging the
21		patient, and upon the recommendation of the Board to the
22		Secretary that the licensee be allowed to resume his or her
23		practice as a licensed community association manager.
24		(d) In accordance with subsection (g) of Section 15 of the
25		Department of Professional Regulation Law of the Civil
26		Administrative Code of Illinois (20 ILCS 2105/2105-15), the

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1		Department may refuse to issue or renew or may suspend the
2		license of any person who fails to file a return, to pay the
3		tax, penalty, or interest shown in a filed return, or to pay
4		any final assessment of tax, penalty, or interest, as required
5		by any tax Act administered by the Department of Revenue, until
6		such time as the requirements of that tax Act are satisfied.
7		(e) In accordance with subdivision (a)(5) of Section 15 of
8		the Department of Professional Regulation Law of the Civil
9		Administrative Code of Illinois (20 ILCS 2105/2105-15) and in
10		cases where the Department of Healthcare and Family Services
11		(formerly Department of Public Aid) has previously determined
12		that a licensee or a potential licensee is more than 30 days
13		delinquent in the payment of child support and has subsequently
14		certified the delinquency to the Department may refuse to issue
15		or renew or may revoke or suspend that person's license or may
16		take other disciplinary action against that person based solely
17		upon the certification of delinquency made by the Department of
18		Healthcare and Family Services.
19		(f) In enforcing this Section, the Department or Board upon
20		a showing of a possible violation may compel a licensee or an
21		individual licensed to practice under this Act, or who has
22		applied for licensure under this Act, to submit to a mental or
23		physical examination, or both, as required by and at the
24		expense of the Department. The Department or Board may order
25		the examining physician to present testimony concerning the
26		mental or physical examination of the licensee or applicant. No

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1		information shall be excluded by reason of any common law or
2		statutory privilege relating to communications between the
3		licensee or applicant and the examining physician. The
4		examining physicians shall be specifically designated by the
5		Board or Department. The individual to be examined may have, at
6		his or her own expense, another physician of his or her choice
7		present during all aspects of this examination. Failure of an
8		individual to submit to a mental or physical examination, when
9		directed, shall be grounds for suspension of his or her license
10		or denial of his or her application or renewal until the
11		individual submits to the examination if the Department finds,
12		after notice and hearing, that the refusal to submit to the
13		examination was without reasonable cause.
14		If the Department or Board finds an individual unable to
15		practice because of the reasons set forth in this Section, the
16		Department or Board may require that individual to submit to
17		care, counseling, or treatment by physicians approved or
18		designated by the Department or Board, as a condition, term, or
19		restriction for continued, reinstated, or renewed licensure to
20		practice; or, in lieu of care, counseling, or treatment, the
21		Department may file, or the Board may recommend to the
22		Department to file, a complaint to immediately suspend, revoke,
23		deny, or otherwise discipline the license of the individual. An
24		individual whose license was granted, continued, reinstated,
25		renewed, disciplined or supervised subject to such terms,
26		conditions, or restrictions, and who fails to comply with such

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1		terms, conditions, or restrictions, shall be referred to the
2		Secretary for a determination as to whether the individual
3		shall have his or her license suspended immediately, pending a
4		hearing by the Department.
5		In instances in which the Secretary immediately suspends a
6		person's license under this Section, a hearing on that person's
7		license must be convened by the Department within 30 days after
8		the suspension and completed without appreciable delay. The
9		Department and Board shall have the authority to review the
10		subject individual's record of treatment and counseling
11		regarding the impairment to the extent permitted by applicable
12		federal statutes and regulations safeguarding the
13		confidentiality of medical records.
14		An individual licensed under this Act and affected under
15		this Section shall be afforded an opportunity to demonstrate to
16		the Department or Board that he or she can resume practice in
17		compliance with acceptable and prevailing standards under the
18		provisions of his or her license.
19		(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)
20		(225 ILCS 427/87)
21		(Section scheduled to be repealed on January 1, 2020)
22		Sec. 87. Suspension of license for failure to pay
23		restitution. The Department, without further process or
24		hearing, shall suspend the license or other authorization to
25		practice of any person issued under this Act who has been

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1		certified by court order as not having paid restitution to a
2		person under Section 8A-3.5 of the Illinois Public Aid Code or
3		under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
4		the Criminal Code of 2012. A person whose license or other
5		authorization to practice is suspended under this Section is
6		prohibited from engaging in the practice of community
7		association management practicing until the restitution is
8		made in full.
9		(Source: P.A. 96-726, eff. 7-1-10; 97-1150, eff. 1-25-13.)
10		(225 ILCS 427/92)
11		(Section scheduled to be repealed on January 1, 2020)
12		Sec. 92. Unlicensed practice; violation; civil penalty.
13		(a) Any person, entity or other business who practices,
14		offers to practice, attempts to practice, or holds himself,
15		herself or itself out to practice as a community association
16		manager or community association management firm management
17		service or provide services as a community association manager
18		or community association management firm to any community
19		association in this State without being licensed under this Act
20		shall, in addition to any other penalty provided by law, pay a
21		civil penalty to the Department in an amount not to exceed
22		$10,000 for each offense, as determined by the Department. The
23		civil penalty shall be assessed by the Department after a
24		hearing is held in accordance with the provisions set forth in
25		this Act regarding the provision of a hearing for the

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1		discipline of a licensee.
2		(b) The Department may investigate any and all unlicensed
3		activity.
4		(c) The civil penalty shall be paid within 60 days after
5		the effective date of the order imposing the civil penalty. The
6		order shall constitute a judgment and may be filed and
7		execution had thereon in the same manner as any judgment from
8		any court of record.
9		(Source: P.A. 96-726, eff. 7-1-10.)
10		(225 ILCS 427/135)
11		(Section scheduled to be repealed on January 1, 2020)
12		Sec. 135. License surrender. Upon the revocation or
13		suspension of any license authorized under this Act, the
14		licensee shall immediately surrender the license or licenses to
15		the Department. If the licensee fails to do so, the Department
16		has the right to seize the license or licenses.
17		(Source: P.A. 96-726, eff. 7-1-10.)
18		(225 ILCS 427/155)
19		(Section scheduled to be repealed on January 1, 2020)
20		Sec. 155. Violations; penalties.
21		(a) A person who violates any of the following provisions
22		shall be guilty of a Class A misdemeanor; a person who commits
23		a second or subsequent violation of these provisions is guilty
24		of a Class 4 felony:

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1		(1) The practice of or attempted practice of or holding
2		out as available to practice as a community association
3		manager, or supervising community association manager
4		without a license.
5		(2) Operation of or attempt to operate a community
6		association management firm Community Association
7		Management Agency without a firm an agency license or a
8		designated supervising community association manager.
9		(3) The obtaining of or the attempt to obtain any
10		license or authorization issued under this Act by
11		fraudulent misrepresentation.
12		(b) Whenever a licensee is convicted of a felony related to
13		the violations set forth in this Section, the clerk of the
14		court in any jurisdiction shall promptly report the conviction
15		to the Department and the Department shall immediately revoke
16		any license authorized under this Act as a community
17		association manager held by that licensee. The licensee
18		individual shall not be eligible for licensure under this Act
19		until at least 10 years have elapsed since the time of full
20		discharge from any sentence imposed for a felony conviction. If
21		any person in making any oath or affidavit required by this Act
22		swears falsely, the person is guilty of perjury and may be
23		punished accordingly.
24		(Source: P.A. 96-726, eff. 7-1-10.)
25		(225 ILCS 427/165)

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1		(Section scheduled to be repealed on January 1, 2020)
2		Sec. 165. Home rule. The regulation and licensing of
3		community association managers, supervising community
4		association managers, and community association management
5		firms Community Association Management Agencies are exclusive
6		powers and functions of the State. A home rule unit may not
7		regulate or license community association managers,
8		supervising community association managers, or community
9		association management firms and Community Association
10		Management Agencies. This Section is a denial and limitation of
11		home rule powers and functions under subsection (h) of Section
12		6 of Article VII of the Illinois Constitution.
13		(Source: P.A. 96-726, eff. 7-1-10.)
14		Section 99. Effective date. This Act takes effect July 1,
15		2013.