Bill Amendment: IL SB1818 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COMMUNITY ASSOCIATION MANAGER

Status: 2019-01-09 - Session Sine Die [SB1818 Detail]

Download: Illinois-2017-SB1818-Senate_Amendment_001.html

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Sen. Pamela J. Althoff

Filed: 3/10/2017

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AMENDMENT TO SENATE BILL 1818
AMENDMENT NO. ______. Amend Senate Bill 1818 by replacing
everything after the enacting clause:
"Section 5. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Sections 5, 10, 15,
20, 32, 55, 60, 70, 75, 85, 90, 92, 95, 155, and 165 as follows:
(225 ILCS 427/5)
(Section scheduled to be repealed on January 1, 2020)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 licensing and regulation
of community association managers and community association
management firms, ensure that those who hold themselves out as
possessing professional qualifications to engage in the
business of community association management are, in fact,
qualified to render management services of a professional
nature, and provide for the maintenance of high standards of

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professional conduct by those licensed to provide community
association management services.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/10)
(Section scheduled to be repealed on January 1, 2020)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

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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 funds" means any assessments, fees,
fines, or other funds collected by the community association
manager from the community association, or its members, other
than the compensation paid to the community association manager
for performance of community association management services.
"Community association management firm" means a company,
corporation, limited liability company, or other entity that
engages in community association management services.
"Community association management services" means those
services listed in the definition of community association
manager in this Section.
"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"

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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,
corporation, partnership, limited liability company, or other
legal entity under this Act to provide community association
management services.
"Person" means an any individual, corporation,
partnership, limited liability company, or other legal entity.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Supervising community association manager" means an
individual licensed as a community association manager who
manages and supervises a firm.
(Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
(225 ILCS 427/15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15. License required. It shall be unlawful for any
person, corporation, partnership, limited liability company,
or other entity to provide community association management
services, provide services as a community association manager,
or hold himself or , herself, or itself out as a community
association manager or community association management firm

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to any community association in this State, unless he or , she,
or it holds a current and valid license issued licensed by the
Department or is otherwise exempt from licensure under this
Act.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20. Exemptions.
(a) The requirement for holding a license under this Act
shall 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 to a community association
without compensation for such services to the association.
(2) Any person, corporation, partnership, or limited
liability company 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

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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
managing broker or real estate broker's license is required
under the Real Estate License Act of 2000, unless he or she
also possesses a current and valid license under the Real
Estate License Act of 2000 and is providing those services as
provided for in the Real Estate License Act of 2000 and the
applicable rules.
(c) A person may temporarily 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. This temporary
right to act as a community association manager shall expire 6
months after the filing of his or her written application to
the Department; upon the withdrawal of the application for
licensure under this Act; or upon delivery of a notice of
intent to deny the application from the Department; or upon the
denial of the application by the Department, whichever occurs
first.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/32)

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(Section scheduled to be repealed on January 1, 2020)
Sec. 32. Social Security Number or Federal Tax
Identification Number on license application. In addition to
any other information required to be contained in the
application, every application for an original license under
this Act shall include the applicant's Social Security Number
or Federal Tax Identification Number, which shall be retained
in the Department's records pertaining to the license. As soon
as practical, the Department shall assign a customer's
identification number to each applicant for a license.
Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.)
(225 ILCS 427/55)
(Section scheduled to be repealed on January 1, 2020)
Sec. 55. Fidelity insurance; segregation of accounts.
(a) A The supervising community association manager or the
community association management firm with which he or she is
employed shall not have access to and disburse community
association funds 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 supervising community association

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manager or the employing community association management
firm for the association.
(3) The fidelity insurance covers the community
association manager, supervising community association
manager, and all partners, officers, and employees of the
community association management firm during the term of
the insurance coverage, which shall be at least for the
same term as the service agreement between the community
association management firm or supervising community
association manager as well as the community 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 supervising community association
manager or the community association management firm
provides to the contrary, a community association may
secure and pay for the fidelity insurance required by this
Section. The supervising community association manager or
the community association management firm must be named as
additional insured parties on the community association
policy.
(b) A community association management firm that provides
community association management services for more than one
community association shall maintain separate, segregated

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accounts for each community association or, with the consent of
the community association, combine the accounts of one or more
community associations, but in that event, separately account
for the funds of each community association. The funds shall
not, in any event, be commingled with the supervising community
association manager's or community association management
firm'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 firm Community
Association Management Agency as the agent for the association.
(c) The supervising community association manager or
community association management firm shall obtain the
appropriate general liability and errors and omissions
insurance, as determined by the Department, to cover any losses
or claims against the supervising community association
manager or the community association management firm.
(d) The Department shall have authority to promulgate
additional rules regarding insurance, fidelity insurance and
all accounts maintained and to be maintained by a supervising
community association manager or community association
management firm.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/60)
(Section scheduled to be repealed on January 1, 2020)

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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, or its
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, or its 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

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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, community association
management firm or supervising community association manager
who notifies the Department, in writing on forms prescribed by
the Department, may place his or , her, or its 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, community association
management firm, or supervising community association manager
requesting his or , her, or its 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 licensee with a nonrenewed or on inactive license
status shall not provide community association management
services as set forth in this Act.
(g) Any person violating subsection (f) of this Section

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shall be considered to be practicing without a license and will
be subject to the disciplinary provisions of this Act.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/70)
(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, or it 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

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or unnecessarily burdensome.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/75)
(Section scheduled to be repealed on January 1, 2020)
Sec. 75. Endorsement. The Department may issue a community
association manager or supervising community association
manager license, 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. 98-365, eff. 1-1-14.)
(225 ILCS 427/85)
(Section scheduled to be repealed on January 1, 2020)
Sec. 85. Grounds for discipline; refusal, revocation, or

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suspension.
(a) The Department may refuse to issue or renew a license,
or may place on probation, reprimand, suspend, or revoke any
license, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $10,000 for each violation upon any licensee or
applicant under this Act or any person or entity who holds
himself or , herself, or itself out as an applicant or 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 plea
of nolo contendere to a felony or a misdemeanor under the
laws of the United States, any state, or any other
jurisdiction or entry of an administrative sanction by a
government agency in this State or any other jurisdiction.
Action taken under this paragraph (3) for a misdemeanor or
an administrative sanction is limited to a misdemeanor or
administrative sanction that has as an essential element
dishonesty or fraud, that involves larceny, embezzlement,
or obtaining money, property, or credit by false pretenses
or by means of a confidence game, 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

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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.
(8) Failing, within 30 days, to provide information in
response to a request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(11) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for the discipline is the same or
substantially equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association

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

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

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

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

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

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terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
98-756, eff. 7-16-14.)
(225 ILCS 427/90)
(Section scheduled to be repealed on January 1, 2020)
Sec. 90. Violations; injunctions; cease and desist orders.
(a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of

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Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or for
an order enforcing compliance with this Act. Upon the filing of
a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the Court may punish the offender for contempt of
court. Proceedings under this Section are in addition to, and
not in lieu of, all other remedies and penalties provided by
this Act.
(b) If any person provides , entity or other business may
provide community association management services or provides
provide services as community association manager to any
community association in this State without having a valid
license under this Act, then any licensee, any interested party
or any person injured thereby may, in addition to the
Secretary, petition for relief as provided in subsection (a) of
this Section.
(c) Whenever in the opinion of the Department any person,
entity or other business violates any provision of this Act,
the Department may issue a rule to show cause why an order to
cease and desist should not be entered against such person,
firm or other entity. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of at least 7 days from the date of the rule to file an

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answer to the satisfaction of the Department. If the person,
firm or other entity fails to file an answer satisfactory to
the Department, the matter shall be considered as a default and
the Department may cause an order to cease and desist to be
issued immediately.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/92)
(Section scheduled to be repealed on January 1, 2020)
Sec. 92. Unlicensed practice; violation; civil penalty.
(a) Any person, entity or other business who practices,
offers to practice, attempts to practice, or holds himself,
herself or itself out to practice as a community association
manager or community association management firm or provide
services as a community association manager or community
association management firm to any community association in
this State without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $10,000
for each offense, as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing is
held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.
(b) The Department may investigate any and all unlicensed
activity.

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(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/95)
(Section scheduled to be repealed on January 1, 2020)
Sec. 95. Investigation; notice and hearing. The Department
may investigate the actions or qualifications of a person,
entity or other business holding or claiming to hold a license.
Before suspending, revoking, placing on probationary status,
or taking any other disciplinary action as the Department may
deem proper with regard to any license, at least 30 days before
the date set for the hearing, the Department shall (i) notify
the accused in writing of any charges made and the time and
place for a hearing on the charges before the Board, (ii)
direct the individual or entity to file a written answer to the
charges with the Board under oath within 20 days after the
service on him or her of such notice, and (iii) inform the
person, entity or other business that if the person, entity, or
other business fails to file an answer, default will be taken
against such person, entity, or other business and the license
of such person, entity, or other business may be suspended,
revoked, placed on probationary status, or other disciplinary

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action taken with regard to the license, including limiting the
scope, nature, or extent of his or her practice, as the
Department may deem proper. Written notice may be served by
personal delivery or by registered or certified mail to the
applicant or licensee at his or her last address of record with
the Department. In case the person fails to file an answer
after receiving notice, his or her license may, in the
discretion of the Department, be suspended, revoked, or placed
on probationary status, or the Department may take whatever
disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act. The written answer shall be served by personal
delivery, certified delivery, or certified or registered mail
to the Department. At the time and place fixed in the notice,
the Department shall proceed to hear the charges and the
parties or their counsel shall be accorded ample opportunity to
present such statements, testimony, evidence, and argument as
may be pertinent to the charges or to the defense thereto. The
Department may continue such hearing from time to time. At the
discretion of the Secretary after having first received the
recommendation of the Board, the accused person's license may
be suspended or revoked, if the evidence constitutes sufficient
grounds for such action under this Act.
(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)

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(225 ILCS 427/155)
(Section scheduled to be repealed on January 1, 2020)
Sec. 155. Violations; penalties.
(a) A person who violates any of the following provisions
shall be guilty of a Class A misdemeanor; a person who commits
a second or subsequent violation of these provisions is guilty
of a Class 4 felony:
(1) The practice of or attempted practice of or holding
out as available to practice as a community association
manager or supervising community association manager
without a license.
(2) (Blank). Operation of or attempt to operate a
community association management firm without a firm
license or a designated supervising community association
manager.
(3) The obtaining of or the attempt to obtain any
license or authorization issued under this Act by
fraudulent misrepresentation.
(b) Whenever a licensee is convicted of a felony related to
the violations set forth in this Section, the clerk of the
court in any jurisdiction shall promptly report the conviction
to the Department and the Department shall immediately revoke
any license authorized under this Act held by that licensee.
The licensee shall not be eligible for licensure under this Act
until at least 10 years have elapsed since the time of full

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discharge from any sentence imposed for a felony conviction. If
any person in making any oath or affidavit required by this Act
swears falsely, the person is guilty of perjury and may be
punished accordingly.
(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
(225 ILCS 427/165)
(Section scheduled to be repealed on January 1, 2020)
Sec. 165. Home rule. The regulation and licensing of
community association managers, supervising community
association managers, and community association management
firms are exclusive powers and functions of the State. A home
rule unit may not regulate or license community association
managers, supervising community association managers, or
community association management firms. This Section is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/42 rep.)
(225 ILCS 427/50 rep.)
Section 10. The Community Association Manager Licensing
and Disciplinary Act is amended by repealing Sections 42 and
50.

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Section 99. Effective date. This Act takes effect upon
becoming law.".