Bill Text: IL HB0595 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Athletic Trainers Practice Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0365 [HB0595 Detail]

Download: Illinois-2013-HB0595-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Community Association Manager Licensing and
Disciplinary Act is amended by changing Sections 5, 10, 15, 20,
25, 27, 32, 40, 50, 55, 60, 65, 70, 75, 85, 87, 92, 135, 155,
and 165 and by adding Section 42 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(Section scheduled to be repealed on January 1, 2020)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 managers of community association managers and community
association management firms associations, ensure that those
who hold themselves out as possessing professional
qualifications to engage in the business 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 to provide as community association
management services managers.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/10)

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(Section scheduled to be repealed on January 1, 2020)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 funds" means any assessments, fees,
fines, or other funds collected by the community association

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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 the community association management business.
"Community association management services" means those
services listed in the definition of community association
manager in this Section.
"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"

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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 to act as a community association manager under
this Act to provide community association management services
or other authority to practice issued under this Act.
"Person" means any individual, firm, corporation,
partnership, limited liability company, or other legal entity
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.
"Supervising community association manager" means an
individual licensed as a community association manager who
manages and supervises licensees in an office.
(Source: P.A. 96-726, eff. 7-1-10.)

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(225 ILCS 427/15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15. License required. It 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, corporation, partnership, limited
liability company, or other entity, or other business to
provide community association management services, or provide
services as a community association manager, or hold himself,
herself, or itself out as a community association manager or
community association management firm 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. 96-726, eff. 7-1-10.)
(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 This
Act shall 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 to a community association
without compensation for such services to the association.

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(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
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 salesperson'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

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the Department, for licensure under this Act. This temporary
right to act as a community association manager shall expire ,
but only until the expiration of 6 months after the filing of
his or her written application to the Department; , his or upon
the her withdrawal of the application for licensure under this
Act; or upon delivery of , he or she has received 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. 96-726, eff. 7-1-10.)
(225 ILCS 427/25)
(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 Licensing and Disciplinary 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, at
least two members of which shall be supervising community
association managers 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 of, or hold a

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shareholder's interest in, 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's 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 who is 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 shall may elect annually a chairperson and
vice chairperson.
(e) Each member shall receive reimbursement as set by the
Governor's Travel Control Board for expenses incurred in

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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)
(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, attorney, 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 427/32)
(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

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this Act shall include the applicant's Social Security Number
or Federal Tax Identification Number, which shall be retained
in the Department's agency'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. 96-726, eff. 7-1-10; 97-400, eff. 1-1-12.)
(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 as a
community association manager 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

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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 broker 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

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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 427/42 new)
(Section scheduled to be repealed on January 1, 2020)
Sec. 42. Qualifications for licensure as a supervising
community association manager.
(a) No person shall be qualified for licensure as a
supervising community association manager under this Act
unless he or she has applied in writing on the prescribed
forms, 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 has been licensed at least one out of the
last 2 preceding years as a community association manager.

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(3) He or she provides satisfactory evidence of having
completed at least 30 classroom hours in community
association management courses approved by the Board, 20
hours of which shall be those pre-license hours required to
obtain a community association manager license, and 10
additional hours completed the year immediately preceding
the filing of the application for a supervising community
association manager license, which shall focus on
community association administration, management, and
supervision.
(4) He or she has passed an examination authorized by
the Department.
(5) He or she has not committed an act or acts, in this
or any other jurisdiction, that would be a violation of
this Act.
(6) 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.
(7) He or she has not been declared by any court of
competent jurisdiction to be incompetent by reason of

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mental or physical defect or disease, unless a court has
subsequently declared him or her to be competent.
(8) He or she complies with any additional
qualifications for licensure as determined by rule of the
Department.
(b) The initial 20-hour education requirement set forth in
item (3) of subsection (a) of this Section shall not apply to
persons holding a real estate managing broker or real estate
broker license in good standing issued under the Real Estate
License Act of 2000. The 10 additional hours required for
licensure under this Section shall be completed as required.
(c) The examination and initial education requirement of
items (3) and (4) of subsection (a) of this Section shall not
apply to any person who, within 6 months after 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 practiced
community association management for a period of 7 years.
(d) Applicants have 3 years after 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.

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(225 ILCS 427/50)
(Section scheduled to be repealed on January 1, 2020)
Sec. 50. Community association management firm Association
Management Agency.
(a) No firm, corporation, partnership, limited liability
company, or other legal entity shall provide or offer to
provide community association management services, unless it
has applied in writing on the prescribed forms and has paid the
required nonrefundable fees and provided evidence to the
Department that the firm has designated a licensed supervising
community association manager to supervise and manage the firm.
A designated supervising community association manager shall
be a continuing requirement of firm licensure. No supervising
community association manager may be the supervising community
association manager for more than one firm. 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, partnership, limited liability

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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 other 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)
(Section scheduled to be repealed on January 1, 2020)
Sec. 55. Fidelity insurance; segregation of accounts.
(a) The supervising community association manager or the
community association management firm A community association
manager or the Community Association Management Agency with
which he or she is employed shall not have access to and
disburse community association 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 supervising community association
manager community association manager or the employing
community association management firm Community

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Association Management Agency 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 Community
Association Management Agency with whom he or she is
employed 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
Community Association Management Agency provides to the
contrary, a community association may secure and pay the
Association secures and pays for the fidelity insurance
required by this Section. The supervising community
association manager or the community association
management firm community association manager and the
Community Association Management Agency must be named as
additional insured parties on the community association

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policy.
(b) A community association management firm 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 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 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 supervising community association manager or
community association management firm 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 the
supervising community association manager or the community
association management firm 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 supervising

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community association manager or community association
management firm Community Association Management Agency.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/60)
(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, 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

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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, 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

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fee and shall also demonstrate compliance with the continuing
education requirements.
(f) Any licensee with a license nonrenewed or on inactive
license status shall not 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)
(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

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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 (i) are subject to this Act by
having 10 or more units, (ii) retain an individual to provide
services as a community association manager for compensation,
(iii) are not master associations under Section 18.5 of the
Condominium Property Act or the Common Interest Community
Association Act, and (iv) 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, but shall not
exceed an annual fee of $1,000 for any community association.
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.
(c) (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; 97-1021, eff. 8-17-12.)
(225 ILCS 427/70)

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(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
or unnecessarily burdensome.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/75)
(Section scheduled to be repealed on January 1, 2020)

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Sec. 75. Endorsement. The Department may issue a license
as a licensed 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. 96-726, eff. 7-1-10.)
(225 ILCS 427/85)
(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 a license,
or may revoke a license, or may suspend, place on probation,
reprimand, suspend, or revoke any license fine, or take any
other disciplinary or non-disciplinary action as the

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Department may deem proper and impose a fine , including fines
not to exceed $10,000 for each violation upon , with regard to
any licensee or applicant under this Act or any person or
entity who holds himself, 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 any crime that is a felony or a
misdemeanor under the laws of the United States, or any
state, or any other jurisdiction territory thereof 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 of which an essential element is
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
or its rules.
(5) Professional incompetence.

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(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
Discipline by another state, territory, or country 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 to those
set forth in this Act.
(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) Purporting to be a supervising community
association manager licensee-in-charge of a firm an agency
without active participation in the firm agency.
(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 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 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 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. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)
(225 ILCS 427/87)
(Section scheduled to be repealed on January 1, 2020)
Sec. 87. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been

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certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
the Criminal Code of 2012. A person whose license or other
authorization to practice is suspended under this Section is
prohibited from engaging in the practice of community
association management practicing until the restitution is
made in full.
(Source: P.A. 96-726, eff. 7-1-10; 97-1150, eff. 1-25-13.)
(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 management
service 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

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discipline of a licensee.
(b) The Department may investigate any and all unlicensed
activity.
(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. 96-726, eff. 7-1-10.)
(225 ILCS 427/135)
(Section scheduled to be repealed on January 1, 2020)
Sec. 135. License surrender. Upon the revocation or
suspension of any license authorized under this Act, the
licensee shall immediately surrender the license or licenses to
the Department. If the licensee fails to do so, the Department
has the right to seize the license or licenses.
(Source: P.A. 96-726, eff. 7-1-10.)
(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:

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(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) Operation of or attempt to operate a community
association management firm Community Association
Management Agency without a firm an agency 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 as a community
association manager held by that licensee. The licensee
individual shall not be eligible for licensure under this Act
until at least 10 years have elapsed since the time of full
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. 96-726, eff. 7-1-10.)
(225 ILCS 427/165)

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(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 Community Association Management Agencies 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 and Community Association
Management Agencies. 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. 96-726, eff. 7-1-10.)
Section 99. Effective date. This Act takes effect July 1,
2013.