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


Bill Title: Repeals the Community Association Manager Licensing and Disciplinary Act. Makes conforming changes in the Regulatory Sunset Act and the State Finance Act. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1818 Detail]

Download: Illinois-2017-SB1818-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Community Association Manager Licensing and
5Disciplinary Act is amended by changing Sections 5, 10, 15, 25,
630, 50, 55, 60, 70, 75, 85, 90, 92, 155, and 165 as follows:
7 (225 ILCS 427/5)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 5. Legislative intent. It is the intent of the General
10Assembly that this Act provide for the licensing and regulation
11of community association managers and community association
12management firms, ensure that those who hold themselves out as
13possessing professional qualifications to engage in the
14business of community association management are, in fact,
15qualified to render management services of a professional
16nature, and provide for the maintenance of high standards of
17professional conduct by those licensed to provide community
18association management services.
19(Source: P.A. 98-365, eff. 1-1-14.)
20 (225 ILCS 427/10)
21 (Section scheduled to be repealed on January 1, 2020)
22 Sec. 10. Definitions. As used in this Act:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1 by the Department.
2 (30) Operating a community association management firm
3 without a licensed designated community association
4 manager.
5 (31) Failing to meet the requirements for acting as a
6 designated community association manager, if appropriate.
7 (b) In accordance with subdivision (a)(5) of Section
82105-15 of the Department of Professional Regulation Law of the
9Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
10the Department shall deny a license or renewal authorized by
11this Act to a person who has defaulted on an educational loan
12or scholarship provided or guaranteed by the Illinois Student
13Assistance Commission or any governmental agency of this State.
14 (c) The determination by a circuit court that a licensee is
15subject to involuntary admission or judicial admission, as
16provided in the Mental Health and Developmental Disabilities
17Code, operates as an automatic suspension. The suspension will
18terminate only upon a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission
20and the issuance of an order so finding and discharging the
21patient, and upon the recommendation of the Board to the
22Secretary that the licensee be allowed to resume his or her
23practice as a licensed community association manager.
24 (d) In accordance with subsection (g) of Section 2105-15 of
25the Department of Professional Regulation Law of the Civil
26Administrative Code of Illinois (20 ILCS 2105/2105-15), the

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1Department may refuse to issue or renew or may suspend the
2license of any person who fails to file a return, to pay the
3tax, penalty, or interest shown in a filed return, or to pay
4any final assessment of tax, penalty, or interest, as required
5by any tax Act administered by the Department of Revenue, until
6such time as the requirements of that tax Act are satisfied.
7 (e) In accordance with subdivision (a)(5) of Section
82105-15 of the Department of Professional Regulation Law of the
9Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
10and in cases where the Department of Healthcare and Family
11Services (formerly Department of Public Aid) has previously
12determined that a licensee or a potential licensee is more than
1330 days delinquent in the payment of child support and has
14subsequently certified the delinquency to the Department may
15refuse to issue or renew or may revoke or suspend that person's
16license or may take other disciplinary action against that
17person based solely upon the certification of delinquency made
18by the Department of Healthcare and Family Services.
19 (f) In enforcing this Section, the Department or Board upon
20a showing of a possible violation may compel a licensee or an
21individual licensed to practice under this Act, or who has
22applied for licensure under this Act, to submit to a mental or
23physical examination, or both, as required by and at the
24expense of the Department. The Department or Board may order
25the examining physician to present testimony concerning the
26mental or physical examination of the licensee or applicant. No

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

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1terms, conditions, or restrictions, shall be referred to the
2Secretary for a determination as to whether the individual
3shall have his or her license suspended immediately, pending a
4hearing by the Department.
5 In instances in which the Secretary immediately suspends a
6person's license under this Section, a hearing on that person's
7license must be convened by the Department within 30 days after
8the suspension and completed without appreciable delay. The
9Department and Board shall have the authority to review the
10subject individual's record of treatment and counseling
11regarding the impairment to the extent permitted by applicable
12federal statutes and regulations safeguarding the
13confidentiality of medical records.
14 An individual licensed under this Act and affected under
15this Section shall be afforded an opportunity to demonstrate to
16the Department or Board that he or she can resume practice in
17compliance with acceptable and prevailing standards under the
18provisions of his or her license.
19(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
2098-756, eff. 7-16-14.)
21 (225 ILCS 427/90)
22 (Section scheduled to be repealed on January 1, 2020)
23 Sec. 90. Violations; injunctions; cease and desist orders.
24 (a) If any person violates a provision of this Act, the
25Secretary may, in the name of the People of the State of

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

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

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

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

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