225 ILCS 427/ Community Association Manager Licensing and Disciplinary Act. - Illinois Statutes

    (225 ILCS 427/1)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 1. Short title. This Act may be cited as the Community Association Manager Licensing and Disciplinary Act.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/5)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 5. Legislative intent. It is the intent of the General Assembly that this Act provide for the regulation of managers of community associations, ensure that those who hold themselves out as possessing professional qualifications to engage in the provision of community association management services are, in fact, qualified to render management services of a professional nature, and provide for the maintenance of high standards of professional conduct by those licensed as community association managers.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/10)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 10. Definitions. As used in this Act:
    "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
    "Advertise" means, but is not limited to, issuing or causing to be distributed any card, sign or device to any person; or causing, permitting or allowing any sign or marking on or in any building, structure, newspaper, magazine or directory, or on radio or television; or advertising by any other means designed to secure public attention.
    "Board" means the Illinois Community Association Manager Licensing and Disciplinary Board.
    "Community association" means an association in which membership is a condition of ownership or shareholder interest of a unit in a condominium, cooperative, townhouse, villa, or other residential unit which is part of a residential development plan and that is authorized to impose an assessment, rents, or other costs that may become a lien on the unit or lot.
    "Community Association Management Agency" means a company, firm, corporation, limited liability company, or other entity that engages in the community association management business and employs, in addition to the licensee‑in‑charge, at least one other person in conducting such business.
    "Community association manager" means an individual who administers for remuneration the financial, administrative, maintenance, or other duties for the community association, including the following services: (A) collecting, controlling or disbursing funds of the community association or having the authority to do so; (B) preparing budgets or other financial documents for the community association; (C) assisting in the conduct of community association meetings; (D) maintaining association records; and (E) administrating association contracts, as stated in the declaration, bylaws, proprietary lease, declaration of covenants, or other governing document of the community association. "Community association manager" does not mean support staff, including, but not limited to bookkeepers, administrative assistants, secretaries, property inspectors, or customer service representatives.
    "Department" means the Department of Financial and Professional Regulation.
    "License" means the license issued to a person to act as a community association manager under this Act or other authority to practice issued under this Act.
    "Person" means any individual, firm, corporation, partnership, organization, or body politic.
    "Licensee‑in‑charge" means a person licensed as a community association manager who has been designated by a Community Association Management Agency as the full‑time management employee or owner who assumes sole responsibility for maintaining all records required by this Act and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in the Act.
    "Secretary" means the Secretary of Financial and Professional Regulation.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/15)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 15. License required. Beginning 12 months after the adoption of rules providing for the licensure of a community association manager in Illinois under this Act, it shall be unlawful for any person, entity, or other business to provide community association management services or provide services as community association manager to any community association in this State, unless he or she holds a current and valid license issued licensed by the Department or is otherwise exempt from licensure under this Act.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/20)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20. Exemptions.
    (a) This Act does not apply to any of the following:
        (1) Any director, officer, or member of a community

association providing one or more of the services of a community association manager without compensation for such services to the association.

(2) Any person providing one or more of the services

of a community association manager to a community association of 10 units or less.

(3) A licensed attorney acting solely as an incident

to the practice of law.

(4) A person acting as a receiver, trustee in

bankruptcy, administrator, executor, or guardian acting under a court order or under the authority of a will or of a trust instrument.

(5) A person licensed in this State under any other

Act from engaging the practice for which he or she is licensed.

(b) A licensed community association manager may not perform or engage in any activities for which a real estate broker or real estate salesperson's license is required under the Real Estate License Act of 2000, unless he or she also possesses a current license under the Real Estate License Act of 2000 and is providing those services as provided for in the Act and the applicable rules.     (c) A person may act as, or provide services as, a community association manager without being licensed under this Act if the person (i) is a community association manager regulated under the laws of another state or territory of the United States or another country and (ii) has applied in writing to the Department, on forms prepared and furnished by the Department, for licensure under this Act, but only until the expiration of 6 months after the filing of his or her written application to the Department, his or her withdrawal of the application, he or she has received a notice of intent to deny the application from the Department, or the denial of the application by the Department. (Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/25)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 25. Community Association Manager Licensing and Disciplinary Board.
    (a) There is hereby created the Community Association Manager Board, which shall consist of 7 members appointed by the Secretary. All members must be residents of the State and must have resided in the State for at least 5 years immediately preceding the date of appointment. Five members of the Board must be licensees under this Act, except that, initially, these members must meet the qualifications for licensure and have obtained a license within 6 months after the effective date of this Act. Two members of the Board shall be owners or shareholders of a unit in a community association at the time of appointment who are not licensees under this Act and have no direct affiliation or work experience with the community association manager. This Board shall act in an advisory capacity to the Department.
    (b) Board members shall serve for terms of 5 years, except that, initially, 4 members shall serve for 5 years and 3 members shall serve for 4 years. All members shall serve until his or her successor is appointed and qualified. All vacancies shall be filled in like manner for the unexpired term. No member shall serve for more than 2 successive terms. The Secretary shall remove from the Board any member whose license has become void or has been revoked or suspended and may remove any member of the Board for neglect of duty, misconduct, or incompetence. A member subject to formal disciplinary proceedings shall disqualify himself or herself from all Board business until the charge is resolved. A member also shall disqualify himself or herself from any matter on which the member cannot act objectively.
    (c) Four Board members shall constitute a quorum. A quorum is required for all Board decisions.
    (d) The Board may elect a chairperson and vice chairperson.
    (e) Each member shall receive reimbursement as set by the Governor's Travel Control Board for expenses incurred in carrying out the duties as a Board member. The Board shall be compensated as determined by the Secretary.
    (f) The Board may recommend policies, procedures, and rules relevant to the administration and enforcement of this Act.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/27)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 27. Immunity from Liability. Any member of the Board, any attorney providing advice to the Board or Department, any person acting as a consultant to the Board or Department, and any witness testifying in a proceeding authorized under this Act, excluding the party making the complaint, shall be immune from liability in any civil action brought against him or her for acts occurring while acting in his or her capacity as a Board member, consultant, or witness, respectively, unless the conduct that gave rise to the action was willful or wanton misconduct.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/30)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 30. Powers and duties of the Department. The Department may exercise the following functions, powers and duties:
        (a) formulate rules for the administration and

enforcement of this Act;

(b) prescribe forms to be issued for the

administration and enforcement of this Act;

(c) conduct hearings or proceedings to refuse to

issue, renew, suspend, revoke, place on probation, reprimand, or take disciplinary or non‑disciplinary action as the Department may deem appropriate under this Act;

(d) maintain a roster of the names and addresses of

all licensees in a manner as deemed appropriate by the Department; and

(e) seek the advice and expert knowledge of the

Board on any matter relating to the administration and enforcement of this Act.

(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/32)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 32. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/35)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 35. Functions and powers of the Board. Subject to the provisions of this Act, the Board shall exercise, in an advisory capacity, the following functions and powers:
        (1) make recommendations regarding rules for the

administration and enforcement of this Act, including, but not limited to, experience, education, licensure, disciplinary standards and procedures, renewal and restoration requirements;

(2) make recommendations regarding subjects, topics

and areas needed for the examination in order to fairly ascertain the fitness and qualifications of applicants for licensure; and

(3) make recommendations regarding discipline as

provided for in this Act.

(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/40)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 40. Qualifications for licensure as a community association manager.
    (a) No person shall be qualified for licensure under this Act, unless he or she has applied in writing on the prescribed forms and has paid the required, nonrefundable fees and meets all of the following qualifications:
        (1) He or she is at least 21 years of age.
        (2) He or she provides satisfactory evidence of

having completed at least 20 classroom hours in community association management courses approved by the Board.

(3) He or she has passed an examination authorized by

the Department.

(4) He or she has not committed an act or acts, in

this or any other jurisdiction, that would be a violation of this Act.

(5) He or she is of good moral character. In

determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act. Good moral character is a continuing requirement of licensure. Conviction of crimes may be used in determining moral character, but shall not constitute an absolute bar to licensure.

(6) He or she has not been declared by any

court of competent jurisdiction to be incompetent by reason of mental or physical defect or disease, unless a court has subsequently declared him or her to be competent.

(7) He or she complies with any additional

qualifications for licensure as determined by rule of the Department.

(b) The education requirement set forth in item (2) of subsection (a) of this Section shall not apply to persons holding a real estate broker or real estate salesperson license in good standing issued under the Real Estate License Act of 2000.     (c) The examination and initial education requirement of

items (2) and (3) of subsection (a) of this Section shall not apply to any person who within 6 months from the effective date of the requirement for licensure, as set forth in Section 170 of this Act, applies for a license by providing satisfactory evidence to the Department of qualifying experience or education, as may be set forth by rule, including without limitation evidence that he or she has (i) practiced community association management for a period of 5 years or (ii) achieved a designation awarded by recognized community association management organizations in the State.

(d) Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of re‑application. (Source: P.A. 96‑726, eff. 7‑1‑10; 96‑993, eff. 7‑2‑10.)

    (225 ILCS 427/45)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 45. Examinations.
    (a) The Department shall authorize examinations of applicants for licensure as a community association manager at such times and places as it may determine. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice as a community association manager.
    (b) Applicants for examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination.
    (c) The Department may employ consultants for the purpose of preparing and conducting examinations.
    (d) An applicant shall be eligible to take the examination only after successfully completing the education requirements set forth in this Act and attaining the minimum age required under this Act.
    (e) The examination approved by the Department should utilize the basic principles of professional testing standards utilizing psychometric measurement. The examination shall use standards set forth by the National Organization for Competency Assurances and shall be approved by the Department.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/50)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 50. Community Association Management Agency.
    (a) No firm, corporation, limited liability company, or other legal entity shall provide or offer to provide community association management services, unless such services are provided through:
        (1) an employee or independent contractor who is

licensed under this Act;

(2) a natural person who is acting under the direct

supervision of an employee of such firm, corporation, limited liability company, or other legal entity that is licensed under this Act; or

(3) a natural person who is legally authorized to

provide such services.

(b) Any firm, corporation, limited liability company, or other legal entity that is providing, or offering to provide, community association management services and is not in compliance with Section 50 and the provisions of this Act shall be subject to the fines, injunctions, cease and desist provisions, and penalties provided for in Sections 90, 92, and 155 of this Act.     (c) No community association manager may be the licensee‑in‑charge for more than one firm, corporation, limited liability company, or other legal entity. (Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/55)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 55. Fidelity insurance; segregation of accounts.
    (a) A community association manager or the Community Association Management Agency with which he or she is employed shall not have access to and disburse funds of a community association unless each of the following conditions occur:
        (1) There is fidelity insurance in place to insure

against loss for theft of community association funds.

(2) The fidelity insurance is not less than all

moneys under the control of the community association manager or the employing Community Association Management Agency for the association.

(3) The fidelity insurance covers the community

association manager and all partners, officers, and employees of the Community Association Management Agency with whom he or she is employed during the term of the insurance coverage, as well as the association officers, directors, and employees.

(4) The insurance company issuing the fidelity

insurance may not cancel or refuse to renew the bond without giving at least 10 days' prior written notice.

(5) Unless an agreement between the community

association and the community association manager or the Community Association Management Agency provides to the contrary, the Association secures and pays for the fidelity insurance. The community association manager and the Community Association Management Agency must be named as additional insured parties on the association policy.

(b) A community association manager or Community Association Management Agency that provides community association management services for more than one community association shall maintain separate, segregated accounts for each community association or, with the consent of the association, combine the accounts of one or more associations, but in that event, separately account for the funds of each association. The funds shall not, in any event, be commingled with the community association manager's or Community Association Management Agency's funds. The maintenance of such accounts shall be custodial, and such accounts shall be in the name of the respective community association or community association manager or Community Association Management Agency as the agent for the association.     (c) The community association manager or Community Association Management Agency shall obtain the appropriate general liability and errors and omissions insurance, as determined by the Department, to cover any losses or claims against community association clients.     (d) The Department shall have authority to promulgate additional rules regarding insurance, fidelity insurance and all accounts maintained and to be maintained by a community association manager or Community Association Management Agency. (Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/60)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 60. Licenses; renewals; restoration; person in military service.
    (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. The Department may promulgate rules requiring continuing education and set all necessary requirements for such, including but not limited to fees, approved coursework, number of hours, and waivers of continuing education.
    (b) Any licensee who has permitted his or her license to expire may have the license restored by making application to the Department and filing proof acceptable to the Department of fitness to have his or her license restored, by which may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, complying with any continuing education requirements, and paying the required restoration fee.
    (c) If the person has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, the person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of a practical examination. However, any person whose license expired while (i) in federal service on active duty with the Armed Forces of the United States or called into service or training with the State Militia or (ii) in training or education under the supervision of the United States preliminary to induction into the military service may have his or her license renewed or restored without paying any lapsed renewal fees if, within 2 years after honorable termination of the service, training or education, except under condition other than honorable, he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that the service, training, or education has been so terminated.
    (d) A community association manager who notifies the Department, in writing on forms prescribed by the Department, may place his or her license on inactive status and shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice.
    (e) A community association manager requesting his or her license be changed from inactive to active status shall be required to pay the current renewal fee and shall also demonstrate compliance with the continuing education requirements.
    (f) Any license nonrenewed or on inactive status shall provide community association management services or provide services as community association manager as set forth in this Act.
    (g) Any person violating subsection (f) of this Section shall be considered to be practicing without a license and will be subject to the disciplinary provisions of this Act.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/65)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 65. Fees; Community Association Manager Licensing and Disciplinary Fund.
    (a) The fees for the administration and enforcement of this Act, including, but not limited to, initial licensure, renewal, and restoration, shall be set by rule of the Department. The fees shall be nonrefundable.
    (b) In addition to the application fee, applicants for the examination are required to pay, either to the Department or the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application and fee for examination have been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the fee.
    (c) To support the costs of administering this Act, all community associations that have 10 or more units and are registered in this State as not‑for‑profit corporations shall pay to the Department an annual fee of $50 plus an additional $1 per unit. The Department may establish forms and promulgate any rules for the effective collection of such fees under this subsection (c).
    Any not‑for‑profit corporation in this State that fails to pay in full to the Department all fees owed under this subsection (c) shall be subject to the penalties and procedures provided for under Section 92 of this Act.
    (d) All fees, fines, penalties, or other monies received or collected pursuant to this Act shall be deposited in the Community Association Manager Licensing and Disciplinary Fund.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/70)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 70. Penalty for insufficient funds; payments. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days after notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/75)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 75. Endorsement. The Department may issue a license as a licensed community association manager, without the required examination, to an applicant licensed under the laws of another state if the requirements for licensure in that state are, on the date of licensure, substantially equal to the requirements of this Act or to a person who, at the time of his or her application for licensure, possessed individual qualifications that were substantially equivalent to the requirements then in force in this State. An applicant under this Section shall pay all of the required fees.
    Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/80)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 80. Roster. The Department shall maintain a roster of names and addresses of all persons who hold valid licenses and all persons whose licenses have been suspended, revoked or otherwise disciplined. This roster shall be available upon request and payment of the required fee as determined by the Department.
(Source: P.A. 96‑726, eff. 7‑1‑10.)

    (225 ILCS 427/85)
    (This Section may contain text from a Public Act with a delayed effective date)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 85. Grounds for discipline; refusal, revocation, or suspension.
    (a) The Department may refuse to issue or renew, or may revoke a license, or may suspend, place on probation, fine, or take any disciplinary or non‑disciplinary action as the Department may deem proper, including fines not to exceed $10,000 for each violation, with regard to any licensee for any one or combination of the following causes:
        (1) Material misstatement in furnishing information

to the Department.

(2) Violations of this Act or its rules.         (3) Conviction of or entry of a plea of guilty or

nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof or a misdemeanor of which an essential element is dishonesty or that is directly related to the practice of the profession.

(4) Making any misrepresentation for the purpose of

obtaining a license or violating any provision of this Act or its rules.

(5) Professional incompetence.         (6) Gross negligence.         (7) Aiding or assisting another person in violating

any provision of this Act or its rules.

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