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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, 25,
6		30, 50, 55, 60, 70, 75, 85, 90, 92, 155, and 165 as follows:
7		(225 ILCS 427/5)
8		(Section scheduled to be repealed on January 1, 2020)
9		Sec. 5. Legislative intent. It is the intent of the General
10		Assembly that this Act provide for the licensing and regulation
11		of community association managers and community association
12		management firms, ensure that those who hold themselves out as
13		possessing professional qualifications to engage in the
14		business of community association management are, in fact,
15		qualified to render management services of a professional
16		nature, and provide for the maintenance of high standards of
17		professional conduct by those licensed to provide community
18		association management services.
19		(Source: P.A. 98-365, eff. 1-1-14.)
20		(225 ILCS 427/10)
21		(Section scheduled to be repealed on January 1, 2020)
22		Sec. 10. Definitions. As used in this Act:

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

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1		for performance of community association management services.
2		"Community association management firm" means a company,
3		corporation, limited liability company, or other entity that
4		engages in community association management services through a
5		designated community association manager.
6		"Community association management services" means those
7		services listed in the definition of community association
8		manager in this Section.
9		"Community association manager" means an individual who
10		administers for remuneration the financial, administrative,
11		maintenance, or other duties for the community association,
12		including, but not limited to, any of the following services:
13		(A) collecting, controlling or disbursing funds of the
14		community association or having the authority to do so; (B)
15		preparing budgets or other financial documents for the
16		community association; (C) assisting in the conduct of
17		community association meetings; (D) maintaining association
18		records; or and (E) administrating association contracts, as
19		stated in the declaration, bylaws, proprietary lease,
20		declaration of covenants, or other governing document of the
21		community association. "Community association manager" does
22		not mean support staff, including, but not limited to
23		bookkeepers, administrative assistants, secretaries, property
24		inspectors, or customer service representatives.
25		"Department" means the Department of Financial and
26		Professional Regulation.

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1		"Designated community association manager" means a
2		licensed community association manager who has an ownership
3		interest in or is otherwise employed by a community association
4		management firm to act as the controlling person and the
5		authorized signatory for the firm on community association
6		accounts and to otherwise supervise, manage, and be responsible
7		for the firm's community association manager activities
8		pursuant to Section 50 of this Act.
9		"License" means the license issued to a person,
10		corporation, partnership, limited liability company, or other
11		legal entity under this Act to provide community association
12		management services.
13		"Person" means an any individual, corporation,
14		partnership, limited liability company, or other legal entity.
15		"Secretary" means the Secretary of Financial and
16		Professional Regulation.
17		"Supervising community association manager" means an
18		individual licensed as a community association manager who
19		manages and supervises a firm.
20		(Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
21		(225 ILCS 427/15)
22		(Section scheduled to be repealed on January 1, 2020)
23		Sec. 15. License required. It shall be unlawful for any
24		person, corporation, partnership, limited liability company,
25		or other entity to provide community association management

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1		services, provide services as a community association manager,
2		or hold himself, herself, or itself out as a community
3		association manager or community association management firm
4		to any community association in this State, unless he, she, or
5		it holds a current and valid license issued licensed by the
6		Department, employs a designated community association manager
7		with a current and valid license issued by the Department, or
8		is otherwise exempt from licensure under this Act.
9		(Source: P.A. 98-365, eff. 1-1-14.)
10		(225 ILCS 427/25)
11		(Section scheduled to be repealed on January 1, 2020)
12		Sec. 25. Community Association Manager Licensing and
13		Disciplinary Board.
14		(a) There is hereby created the Community Association
15		Manager Licensing and Disciplinary Board, which shall consist
16		of 7 members appointed by the Secretary. All members must be
17		residents of the State and must have resided in the State for
18		at least 5 years immediately preceding the date of appointment.
19		Five members of the Board must be licensees under this Act, at
20		least two members of which shall be supervising community
21		association managers. Two members of the Board shall be owners
22		of, or hold a shareholder's interest in, a unit in a community
23		association at the time of appointment who are not licensees
24		under this Act and have no direct affiliation or work
25		experience with the community association's community

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

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1		(Source: P.A. 98-365, eff. 1-1-14.)
2		(225 ILCS 427/30)
3		(Section scheduled to be repealed on January 1, 2020)
4		Sec. 30. Powers and duties of the Department. The
5		Department may exercise the following functions, powers and
6		duties:
7		(a) formulate rules for the administration and
8		enforcement of this Act;
9		(b) prescribe forms to be issued for the administration
10		and enforcement of this Act;
11		(c) conduct hearings or proceedings to refuse to issue,
12		renew, suspend, revoke, place on probation, reprimand, or
13		take disciplinary or non-disciplinary action as the
14		Department may deem appropriate under this Act;
15		(d) maintain a roster of the names and addresses of all
16		licensees and the community association management firms
17		that employ them in a manner as deemed appropriate by the
18		Department; and
19		(e) seek the advice and expert knowledge of the Board
20		on any matter relating to the administration and
21		enforcement of this Act.
22		(Source: P.A. 96-726, eff. 7-1-10.)
23		(225 ILCS 427/50)
24		(Section scheduled to be repealed on January 1, 2020)

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1		Sec. 50. Community association management firm.
2		(a) No corporation, partnership, limited liability
3		company, or other legal entity shall provide or offer to
4		provide community association management services, unless it
5		does so through a licensed community association manager that
6		has applied in writing on the prescribed forms and has paid the
7		required nonrefundable fees and provided evidence to the
8		Department that he or she meets the requirements to be named as
9		a the firm has designated community association manager and
10		agrees a licensed supervising community association manager to
11		supervise and manage the firm's licensed activities firm. A
12		designated supervising community association manager shall be
13		a continuing requirement of firm operation. licensure. No
14		supervising community association manager may be the
15		supervising community association manager for more than one
16		firm.
17		(b) Any corporation, partnership, limited liability
18		company, or other legal entity that is providing, or offering
19		to provide, community association management services and is
20		not in compliance with Section 50 and other provisions of this
21		Act shall be subject to the civil penalties fines, injunctions,
22		cease and desist provisions, and penalties provided for in
23		Sections 90, 92, and 155 of this Act.
24		(c) No community association manager may be the designated
25		community association manager licensee-in-charge for more than
26		one firm, corporation, limited liability company, or other

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1		legal entity.
2		(d) The Department is authorized to adopt rules and set all
3		necessary requirements for the implementation of this Section.
4		(Source: P.A. 98-365, eff. 1-1-14.)
5		(225 ILCS 427/55)
6		(Section scheduled to be repealed on January 1, 2020)
7		Sec. 55. Fidelity insurance; segregation of accounts.
8		(a) The designated supervising community association
9		manager or the community association management firm with which
10		he or she is employed shall not have access to and disburse
11		community association funds unless each of the following
12		conditions occur:
13		(1) There is fidelity insurance in place to insure
14		against loss for theft of community association funds.
15		(2) The fidelity insurance is not less than all moneys
16		under the control of the designated supervising community
17		association manager or the employing community association
18		management firm for the association.
19		(3) The fidelity insurance covers the designated
20		community association manager, all other licensees,
21		supervising community association manager, and all
22		partners, officers, and employees of the community
23		association management firm during the term of the
24		insurance coverage, which shall be at least for the same
25		term as the service agreement between the community

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1		association management firm or supervising community
2		association manager as well as the community association
3		officers, directors, and employees.
4		(4) The insurance company issuing the fidelity
5		insurance may not cancel or refuse to renew the bond
6		without giving at least 10 days' prior written notice.
7		(5) Unless an agreement between the community
8		association and the supervising community association
9		manager or the community association management firm
10		provides to the contrary, a community association may
11		secure and pay for the fidelity insurance required by this
12		Section. The designated supervising community association
13		manager, all other licensees, and or the community
14		association management firm must be named as additional
15		insured parties on the community association policy.
16		(b) A community association management firm that provides
17		community association management services for more than one
18		community association shall maintain separate, segregated
19		accounts for each community association or, with the consent of
20		the community association, combine the accounts of one or more
21		community associations, but in that event, separately account
22		for the funds of each community association. The funds shall
23		not, in any event, be commingled with the supervising community
24		association manager's or community association management
25		firm's funds. The maintenance of such accounts shall be
26		custodial, and such accounts shall be in the name of the

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1		respective community association or community association
2		manager or community association management firm Community
3		Association Management Agency as the agent for the association.
4		(c) The supervising community association manager or
5		community association management firm shall obtain the
6		appropriate general liability and errors and omissions
7		insurance, as determined by the Department, to cover any losses
8		or claims against the supervising community association
9		manager or the community association management firm.
10		(d) The Department shall have authority to promulgate
11		additional rules regarding insurance, fidelity insurance and
12		all accounts maintained and to be maintained by a designated
13		supervising community association manager or community
14		association management firm.
15		(Source: P.A. 98-365, eff. 1-1-14.)
16		(225 ILCS 427/60)
17		(Section scheduled to be repealed on January 1, 2020)
18		Sec. 60. Licenses; renewals; restoration; person in
19		military service.
20		(a) The expiration date and renewal period for each license
21		issued under this Act shall be set by rule. The Department may
22		promulgate rules requiring continuing education and set all
23		necessary requirements for such, including but not limited to
24		fees, approved coursework, number of hours, and waivers of
25		continuing education.

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

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1		so terminated.
2		(d) A community association manager, community association
3		management firm or supervising community association manager
4		who notifies the Department, in writing on forms prescribed by
5		the Department, may place his or , her, or its license on
6		inactive status and shall be excused from the payment of
7		renewal fees until the person notifies the Department in
8		writing of the intention to resume active practice.
9		(e) A community association manager, community association
10		management firm, or supervising community association manager
11		requesting his or , her, or its license be changed from inactive
12		to active status shall be required to pay the current renewal
13		fee and shall also demonstrate compliance with the continuing
14		education requirements.
15		(f) Any licensee with a nonrenewed or on inactive license
16		status or any community association firm operating without a
17		designated community association manager shall not provide
18		community association management services as set forth in this
19		Act.
20		(g) Any person or entity violating subsection (f) of this
21		Section shall be considered to be practicing without a license
22		and will be subject to the disciplinary provisions of this Act.
23		(Source: P.A. 98-365, eff. 1-1-14.)
24		(225 ILCS 427/70)
25		(Section scheduled to be repealed on January 1, 2020)

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1		Sec. 70. Penalty for insufficient funds; payments. Any
2		person who delivers a check or other payment to the Department
3		that is returned to the Department unpaid by the financial
4		institution upon which it is drawn shall pay to the Department,
5		in addition to the amount already owed to the Department, a
6		fine of $50. The Department shall notify the person that
7		payment of fees and fines shall be paid to the Department by
8		certified check or money order within 30 calendar days after
9		notification. If, after the expiration of 30 days from the date
10		of the notification, the person has failed to submit the
11		necessary remittance, the Department shall automatically
12		terminate the license or deny the application, without hearing.
13		If, after termination or denial, the person seeks a license, he
14		or , she, or it shall apply to the Department for restoration or
15		issuance of the license and pay all fees and fines due to the
16		Department. The Department may establish a fee for the
17		processing of an application for restoration of a license to
18		pay all expenses of processing this application. The Secretary
19		may waive the fines due under this Section in individual cases
20		where the Secretary finds that the fines would be unreasonable
21		or unnecessarily burdensome.
22		(Source: P.A. 98-365, eff. 1-1-14.)
23		(225 ILCS 427/75)
24		(Section scheduled to be repealed on January 1, 2020)
25		Sec. 75. Endorsement. The Department may issue a community

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1		association manager or supervising community association
2		manager license, without the required examination, to an
3		applicant licensed under the laws of another state if the
4		requirements for licensure in that state are, on the date of
5		licensure, substantially equal to the requirements of this Act
6		or to a person who, at the time of his or her application for
7		licensure, possessed individual qualifications that were
8		substantially equivalent to the requirements then in force in
9		this State. An applicant under this Section shall pay all of
10		the required fees.
11		Applicants have 3 years from the date of application to
12		complete the application process. If the process has not been
13		completed within the 3 years, the application shall be denied,
14		the fee shall be forfeited, and the applicant must reapply and
15		meet the requirements in effect at the time of reapplication.
16		(Source: P.A. 98-365, eff. 1-1-14.)
17		(225 ILCS 427/85)
18		(Section scheduled to be repealed on January 1, 2020)
19		Sec. 85. Grounds for discipline; refusal, revocation, or
20		suspension.
21		(a) The Department may refuse to issue or renew a license,
22		or may place on probation, reprimand, suspend, or revoke any
23		license, or take any other disciplinary or non-disciplinary
24		action as the Department may deem proper and impose a fine not
25		to exceed $10,000 for each violation upon any licensee or

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1		applicant under this Act or any person or entity who holds
2		himself, herself, or itself out as an applicant or licensee for
3		any one or combination of the following causes:
4		(1) Material misstatement in furnishing information to
5		the Department.
6		(2) Violations of this Act or its rules.
7		(3) Conviction of or entry of a plea of guilty or plea
8		of nolo contendere to a felony or a misdemeanor under the
9		laws of the United States, any state, or any other
10		jurisdiction or entry of an administrative sanction by a
11		government agency in this State or any other jurisdiction.
12		Action taken under this paragraph (3) for a misdemeanor or
13		an administrative sanction is limited to a misdemeanor or
14		administrative sanction that has as an essential element
15		dishonesty or fraud, that involves larceny, embezzlement,
16		or obtaining money, property, or credit by false pretenses
17		or by means of a confidence game, or that is directly
18		related to the practice of the profession.
19		(4) Making any misrepresentation for the purpose of
20		obtaining a license or violating any provision of this Act
21		or its rules.
22		(5) Professional incompetence.
23		(6) Gross negligence.
24		(7) Aiding or assisting another person in violating any
25		provision of this Act or its rules.
26		(8) Failing, within 30 days, to provide information in

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1		response to a request made by the Department.
2		(9) Engaging in dishonorable, unethical, or
3		unprofessional conduct of a character likely to deceive,
4		defraud or harm the public as defined by the rules of the
5		Department, or violating the rules of professional conduct
6		adopted by the Department.
7		(10) Habitual or excessive use or addiction to alcohol,
8		narcotics, stimulants, or any other chemical agent or drug
9		that results in the inability to practice with reasonable
10		judgment, skill, or safety.
11		(11) Having been disciplined by another state, the
12		District of Columbia, a territory, a foreign nation, or a
13		governmental agency authorized to impose discipline if at
14		least one of the grounds for the discipline is the same or
15		substantially equivalent of one of the grounds for which a
16		licensee may be disciplined under this Act. A certified
17		copy of the record of the action by the other state or
18		jurisdiction shall be prima facie evidence thereof.
19		(12) Directly or indirectly giving to or receiving from
20		any person, firm, corporation, partnership or association
21		any fee, commission, rebate, or other form of compensation
22		for any professional services not actually or personally
23		rendered.
24		(13) A finding by the Department that the licensee,
25		after having his or , her, or its license placed on
26		probationary status, has violated the terms of probation.

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1		(14) Willfully making or filing false records or
2		reports relating to a licensee's practice, including but
3		not limited to false records filed with any State or
4		federal agencies or departments.
5		(15) Being named as a perpetrator in an indicated
6		report by the Department of Children and Family Services
7		under the Abused and Neglected Child Reporting Act and upon
8		proof by clear and convincing evidence that the licensee
9		has caused a child to be an abused child or neglected child
10		as defined in the Abused and Neglected Child Reporting Act.
11		(16) Physical illness or mental illness or impairment,
12		including, but not limited to, deterioration through the
13		aging process or loss of motor skill that results in the
14		inability to practice the profession with reasonable
15		judgment, skill, or safety.
16		(17) Solicitation of professional services by using
17		false or misleading advertising.
18		(18) A finding that licensure has been applied for or
19		obtained by fraudulent means.
20		(19) Practicing or attempting to practice under a name
21		other than the full name as shown on the license or any
22		other legally authorized name unless approved by the
23		Department.
24		(20) Gross overcharging for professional services
25		including, but not limited to, (i) collection of fees or
26		moneys for services that are not rendered; and (ii)

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1		charging for services that are not in accordance with the
2		contract between the licensee and the community
3		association.
4		(21) Improper commingling of personal and client funds
5		in violation of this Act or any rules promulgated thereto.
6		(22) Failing to account for or remit any moneys or
7		documents coming into the licensee's possession that
8		belong to another person or entity.
9		(23) Giving differential treatment to a person that is
10		to that person's detriment because of race, color, creed,
11		sex, religion, or national origin.
12		(24) Performing and charging for services without
13		reasonable authorization to do so from the person or entity
14		for whom service is being provided.
15		(25) Failing to make available to the Department, upon
16		request, any books, records, or forms required by this Act.
17		(26) Purporting to be a designated supervising
18		community association manager of a firm without active
19		participation in the firm.
20		(27) Failing to make available to the Department at the
21		time of the request any indicia of licensure or
22		registration issued under this Act.
23		(28) Failing to maintain and deposit funds belonging to
24		a community association in accordance with subsection (b)
25		of Section 55 of this Act.
26		(29) Violating the terms of a disciplinary order issued

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1		by the Department.
2		(30) Operating a community association management firm
3		without a licensed designated community association
4		manager.
5		(31) Failing to meet the requirements for acting as a
6		designated community association manager, if appropriate.
7		(b) In accordance with subdivision (a)(5) of Section
8		2105-15 of the Department of Professional Regulation Law of the
9		Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
10		the Department shall deny a license or renewal authorized by
11		this Act to a person who has defaulted on an educational loan
12		or 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 2105-15 of
25		the 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
8		2105-15 of the Department of Professional Regulation Law of the
9		Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
10		and in cases where the Department of Healthcare and Family
11		Services (formerly Department of Public Aid) has previously
12		determined that a licensee or a potential licensee is more than
13		30 days delinquent in the payment of child support and has
14		subsequently certified the delinquency to the Department may
15		refuse to issue or renew or may revoke or suspend that person's
16		license or may take other disciplinary action against that
17		person based solely upon the certification of delinquency made
18		by the Department of 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. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
20		98-756, eff. 7-16-14.)
21		(225 ILCS 427/90)
22		(Section scheduled to be repealed on January 1, 2020)
23		Sec. 90. Violations; injunctions; cease and desist orders.
24		(a) If any person violates a provision of this Act, the
25		Secretary may, in the name of the People of the State of

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1		Illinois, through the Attorney General of the State of
2		Illinois, petition for an order enjoining the violation or for
3		an order enforcing compliance with this Act. Upon the filing of
4		a verified petition in court, the court may issue a temporary
5		restraining order, without notice or bond, and may
6		preliminarily and permanently enjoin the violation. If it is
7		established that the person has violated or is violating the
8		injunction, the Court may punish the offender for contempt of
9		court. Proceedings under this Section are in addition to, and
10		not in lieu of, all other remedies and penalties provided by
11		this Act.
12		(b) If any person, entity or other business may provide
13		community association management services or provide services
14		as community association manager to any community association
15		in this State without having a valid license under this Act or
16		without a designated community association manager for a
17		community association management firm, then any licensee, any
18		interested party or any person injured thereby may, in addition
19		to the Secretary, petition for relief as provided in subsection
20		(a) of this Section.
21		(c) Whenever in the opinion of the Department any person,
22		entity or other business violates any provision of this Act,
23		the Department may issue a rule to show cause why an order to
24		cease and desist should not be entered against such person,
25		firm or other entity. The rule shall clearly set forth the
26		grounds relied upon by the Department and shall provide a

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1		period of at least 7 days from the date of the rule to file an
2		answer to the satisfaction of the Department. If the person,
3		firm or other entity fails to file an answer satisfactory to
4		the Department, the matter shall be considered as a default and
5		the Department may cause an order to cease and desist to be
6		issued immediately.
7		(Source: P.A. 96-726, eff. 7-1-10.)
8		(225 ILCS 427/92)
9		(Section scheduled to be repealed on January 1, 2020)
10		Sec. 92. Unlicensed practice; violation; civil penalty.
11		(a) Any person, entity or other business who practices,
12		offers to practice, attempts to practice, or holds himself,
13		herself or itself out to practice as a community association
14		manager or community association management firm or provide
15		services as a community association manager or community
16		association management firm to any community association in
17		this State without being licensed under this Act or without a
18		designated community association manager for a community
19		association management firm shall, in addition to any other
20		penalty provided by law, pay a civil penalty to the Department
21		in an amount not to exceed $10,000 for each offense, as
22		determined by the Department. The civil penalty shall be
23		assessed by the Department after a hearing is held in
24		accordance with the provisions set forth in this Act regarding
25		the provision of a hearing for the discipline of a licensee.

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1		(b) The Department may investigate any and all unlicensed
2		activity.
3		(c) The civil penalty shall be paid within 60 days after
4		the effective date of the order imposing the civil penalty. The
5		order shall constitute a judgment and may be filed and
6		execution had thereon in the same manner as any judgment from
7		any court of record.
8		(Source: P.A. 98-365, eff. 1-1-14.)
9		(225 ILCS 427/155)
10		(Section scheduled to be repealed on January 1, 2020)
11		Sec. 155. Violations; penalties.
12		(a) A person who violates any of the following provisions
13		shall be guilty of a Class A misdemeanor; a person who commits
14		a second or subsequent violation of these provisions is guilty
15		of a Class 4 felony:
16		(1) The practice of or attempted practice of or holding
17		out as available to practice as a community association
18		manager or supervising community association manager
19		without a license.
20		(2) Operation of or attempt to operate a community
21		association management firm without a firm license or a
22		designated supervising community association manager.
23		(3) The obtaining of or the attempt to obtain any
24		license or authorization issued under this Act by
25		fraudulent misrepresentation.

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1		(b) Whenever a licensee is convicted of a felony related to
2		the violations set forth in this Section, the clerk of the
3		court in any jurisdiction shall promptly report the conviction
4		to the Department and the Department shall immediately revoke
5		any license authorized under this Act held by that licensee.
6		The licensee shall not be eligible for licensure under this Act
7		until at least 10 years have elapsed since the time of full
8		discharge from any sentence imposed for a felony conviction. If
9		any person in making any oath or affidavit required by this Act
10		swears falsely, the person is guilty of perjury and may be
11		punished accordingly.
12		(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
13		(225 ILCS 427/165)
14		(Section scheduled to be repealed on January 1, 2020)
15		Sec. 165. Home rule. The regulation and licensing of
16		community association managers, supervising community
17		association managers, and community association management
18		firms are exclusive powers and functions of the State. A home
19		rule unit may not regulate or license community association
20		managers, supervising community association managers, or
21		community association management firms. This Section is a
22		denial and limitation of home rule powers and functions under
23		subsection (h) of Section 6 of Article VII of the Illinois
24		Constitution.
25		(Source: P.A. 98-365, eff. 1-1-14.)

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1		(225 ILCS 427/42 rep.)
2		Section 10. The Community Association Manager Licensing
3		and Disciplinary Act is amended by repealing Section 42.
4		Section 99. Effective date. This Act takes effect upon
5		becoming law.