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: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1818 Detail]
Download: Illinois-2017-SB1818-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Community Association Manager Licensing and | ||||||
5 | Disciplinary Act is amended by changing Sections 5, 10, 15, 25, | ||||||
6 | 30, 50, 55, 60, 70, 75, 85, 90, 92, 155, and 165 as follows:
| ||||||
7 | (225 ILCS 427/5)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020) | ||||||
9 | Sec. 5. Legislative intent. It is the intent of the General | ||||||
10 | Assembly that this Act provide for the licensing and regulation | ||||||
11 | of community association managers and community association | ||||||
12 | management firms , ensure that those who hold themselves out as | ||||||
13 | possessing professional qualifications to engage in the | ||||||
14 | business of community association management are, in fact, | ||||||
15 | qualified to render management services of a professional | ||||||
16 | nature, and provide for the maintenance of high standards of | ||||||
17 | professional conduct by those licensed to provide community | ||||||
18 | association management services.
| ||||||
19 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
20 | (225 ILCS 427/10)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2020) | ||||||
22 | Sec. 10. Definitions. As used in this Act: |
| |||||||
| |||||||
1 | "Address of record" means the designated address recorded | ||||||
2 | by the Department in the applicant's or licensee's application | ||||||
3 | file or license file maintained by the Department's licensure | ||||||
4 | maintenance unit. It is the duty of the applicant or licensee | ||||||
5 | to inform the Department of any change of address, and such | ||||||
6 | changes must be made either through the Department's website or | ||||||
7 | by contacting the Department's licensure maintenance unit. | ||||||
8 | "Advertise" means, but is not limited to, issuing or | ||||||
9 | causing to be distributed any card, sign or device to any | ||||||
10 | person; or causing, permitting or allowing any sign or marking | ||||||
11 | on or in any building, structure, newspaper, magazine or | ||||||
12 | directory, or on radio or television; or advertising by any | ||||||
13 | other means designed to secure public attention. | ||||||
14 | "Board" means the Illinois Community Association Manager | ||||||
15 | Licensing and Disciplinary Board. | ||||||
16 | "Community association" means an association in which | ||||||
17 | membership is a condition of ownership or shareholder interest | ||||||
18 | of a unit in a condominium, cooperative, townhouse, villa, or | ||||||
19 | other residential unit which is part of a residential | ||||||
20 | development plan and that is authorized to impose an | ||||||
21 | assessment, rents, or other costs that may become a lien on the | ||||||
22 | unit or lot. | ||||||
23 | "Community association funds" means any assessments, fees, | ||||||
24 | fines, or other funds collected by the community association | ||||||
25 | manager from the community association, or its members, other | ||||||
26 | than the compensation paid to the community association manager |
| |||||||
| |||||||
1 | for performance of community association management services. | ||||||
2 | "Community association management firm" means a company, | ||||||
3 | corporation, limited liability company, or other entity that | ||||||
4 | engages in community association management services through a | ||||||
5 | designated community association manager . | ||||||
6 | "Community association management services" means those | ||||||
7 | services listed in the definition of community association | ||||||
8 | manager in this Section. | ||||||
9 | "Community association manager" means an individual who | ||||||
10 | administers for remuneration the financial, administrative, | ||||||
11 | maintenance, or other duties for the community association, | ||||||
12 | including , but not limited to, any of the following services: | ||||||
13 | (A) collecting, controlling or disbursing funds of the | ||||||
14 | community association or having the authority to do so; (B) | ||||||
15 | preparing budgets or other financial documents for the | ||||||
16 | community association; (C) assisting in the conduct of | ||||||
17 | community association meetings; (D) maintaining association | ||||||
18 | records; or and (E) administrating association contracts, as | ||||||
19 | stated in the declaration, bylaws, proprietary lease, | ||||||
20 | declaration of covenants, or other governing document of the | ||||||
21 | community association. "Community association manager" does | ||||||
22 | not mean support staff, including, but not limited to | ||||||
23 | bookkeepers, administrative assistants, secretaries, property | ||||||
24 | inspectors, or customer service representatives. | ||||||
25 | "Department" means the Department of Financial and | ||||||
26 | Professional Regulation. |
| |||||||
| |||||||
1 | "Designated community association manager" means a | ||||||
2 | licensed community association manager who has an ownership | ||||||
3 | interest in or is otherwise employed by a community association | ||||||
4 | management firm to act as the controlling person and the | ||||||
5 | authorized signatory for the firm on community association | ||||||
6 | accounts and to otherwise supervise, manage, and be responsible | ||||||
7 | for the firm's community association manager activities | ||||||
8 | pursuant to Section 50 of this Act. | ||||||
9 | "License" means the license issued to a person , | ||||||
10 | corporation, partnership, limited liability company, or other | ||||||
11 | legal entity under this Act to provide community association | ||||||
12 | management services. | ||||||
13 | "Person" means an any individual , corporation, | ||||||
14 | partnership, limited liability company, or other legal entity . | ||||||
15 | "Secretary" means the Secretary of Financial and | ||||||
16 | Professional Regulation.
| ||||||
17 | "Supervising community association manager" means an | ||||||
18 | individual licensed as a community association manager who | ||||||
19 | manages and supervises a firm. | ||||||
20 | (Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
| ||||||
21 | (225 ILCS 427/15)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2020) | ||||||
23 | Sec. 15. License required. It shall be unlawful for any | ||||||
24 | person, corporation, partnership, limited liability company, | ||||||
25 | or other entity to provide community association management |
| |||||||
| |||||||
1 | services, provide services as a community association manager, | ||||||
2 | or hold himself, herself, or itself out as a community | ||||||
3 | association manager or community association management firm | ||||||
4 | to any community association in this State, unless he, she, or | ||||||
5 | it holds a current and valid license issued licensed by the | ||||||
6 | Department , employs a designated community association manager | ||||||
7 | with a current and valid license issued by the Department, or | ||||||
8 | is otherwise exempt from licensure under this Act.
| ||||||
9 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
10 | (225 ILCS 427/25)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2020) | ||||||
12 | Sec. 25. Community Association Manager Licensing and | ||||||
13 | Disciplinary Board. | ||||||
14 | (a) There is hereby created the Community Association | ||||||
15 | Manager Licensing and Disciplinary Board, which shall consist | ||||||
16 | of 7 members appointed by the Secretary. All members must be | ||||||
17 | residents of the State and must have resided in the State for | ||||||
18 | at least 5 years immediately preceding the date of appointment. | ||||||
19 | Five members of the Board must be licensees under this Act , at | ||||||
20 | least two members of which shall be supervising community | ||||||
21 | association managers . Two members of the Board shall be owners | ||||||
22 | of, or hold a shareholder's interest in, a unit in a community | ||||||
23 | association at the time of appointment who are not licensees | ||||||
24 | under this Act and have no direct affiliation or work | ||||||
25 | experience with the community association's community |
| |||||||
| |||||||
1 | association manager. This Board shall act in an advisory | ||||||
2 | capacity to the Department. | ||||||
3 | (b) Board members shall serve for terms of 5 years, except | ||||||
4 | that, initially, 4 members shall serve for 5 years and 3 | ||||||
5 | members shall serve for 4 years. All members shall serve until
| ||||||
6 | his or her successor is appointed and qualified. All vacancies | ||||||
7 | shall be filled in like manner for the unexpired term. No | ||||||
8 | member shall serve for more than 2 successive terms. The | ||||||
9 | Secretary shall remove from the Board any member whose license | ||||||
10 | has become void or has been revoked or suspended and may remove | ||||||
11 | any member of the Board for neglect of duty, misconduct, or | ||||||
12 | incompetence. A member who is subject to formal disciplinary | ||||||
13 | proceedings shall disqualify himself or herself from all Board | ||||||
14 | business until the charge is resolved. A member also shall | ||||||
15 | disqualify himself or herself from any matter on which the | ||||||
16 | member cannot act objectively. | ||||||
17 | (c) Four Board members shall constitute a quorum. A quorum | ||||||
18 | is required for all Board decisions. | ||||||
19 | (d) The Board shall elect annually a chairperson and vice | ||||||
20 | chairperson. | ||||||
21 | (e) Each member shall receive reimbursement as set by the | ||||||
22 | Governor's Travel Control Board for expenses incurred in | ||||||
23 | carrying out the duties as a Board member. The Board shall be | ||||||
24 | compensated as determined by the Secretary. | ||||||
25 | (f) The Board may recommend policies, procedures, and rules | ||||||
26 | relevant to the administration and enforcement of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
2 | (225 ILCS 427/30)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2020) | ||||||
4 | Sec. 30. Powers and duties of the Department. The | ||||||
5 | Department may exercise the following functions, powers and | ||||||
6 | duties: | ||||||
7 | (a) formulate rules for the administration and | ||||||
8 | enforcement of this Act; | ||||||
9 | (b) prescribe forms to be issued for the administration | ||||||
10 | and enforcement of this Act; | ||||||
11 | (c) conduct hearings or proceedings to refuse to issue, | ||||||
12 | renew, suspend, revoke, place on probation, reprimand, or | ||||||
13 | take disciplinary or non-disciplinary action as the | ||||||
14 | Department may deem appropriate under this Act; | ||||||
15 | (d) maintain a roster of the names and addresses of all | ||||||
16 | licensees and the community association management firms | ||||||
17 | that employ them in a manner as deemed appropriate by the | ||||||
18 | Department; and | ||||||
19 | (e) seek the advice and expert knowledge of the Board | ||||||
20 | on any matter relating to the
administration and | ||||||
21 | enforcement of this Act.
| ||||||
22 | (Source: P.A. 96-726, eff. 7-1-10 .)
| ||||||
23 | (225 ILCS 427/50)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2020) |
| |||||||
| |||||||
1 | Sec. 50. Community association management firm.
| ||||||
2 | (a) No corporation, partnership, limited liability | ||||||
3 | company, or other legal entity shall provide or offer to | ||||||
4 | provide community association management services, unless it | ||||||
5 | does so through a licensed community association manager that | ||||||
6 | has applied in writing on the prescribed forms and has paid the | ||||||
7 | required nonrefundable fees and provided evidence to the | ||||||
8 | Department that he or she meets the requirements to be named as | ||||||
9 | a the firm has designated community association manager and | ||||||
10 | agrees a licensed supervising community association manager to | ||||||
11 | supervise and manage the firm's licensed activities firm . A | ||||||
12 | designated supervising community association manager shall be | ||||||
13 | a continuing requirement of firm operation. licensure. No | ||||||
14 | supervising community association manager may be the | ||||||
15 | supervising community association manager for more than one | ||||||
16 | firm. | ||||||
17 | (b) Any corporation, partnership, limited liability | ||||||
18 | company, or other legal entity that is providing, or offering | ||||||
19 | to provide, community association management services and is | ||||||
20 | not in compliance with Section 50 and other provisions of this | ||||||
21 | Act shall be subject to the civil penalties fines , injunctions, | ||||||
22 | cease and desist provisions, and penalties provided for in | ||||||
23 | Sections 90, 92, and 155 of this Act. | ||||||
24 | (c) No community association manager may be the designated | ||||||
25 | community association manager licensee-in-charge for more than | ||||||
26 | one firm, corporation, limited liability company, or other |
| |||||||
| |||||||
1 | legal entity.
| ||||||
2 | (d) The Department is authorized to adopt rules and set all | ||||||
3 | necessary requirements for the implementation of this Section. | ||||||
4 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
5 | (225 ILCS 427/55)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2020) | ||||||
7 | Sec. 55. Fidelity insurance; segregation of accounts. | ||||||
8 | (a) The designated supervising community association | ||||||
9 | manager or the community association management firm with which | ||||||
10 | he or she is employed shall not have access to and disburse | ||||||
11 | community association funds unless each of the following | ||||||
12 | conditions occur: | ||||||
13 | (1) There is fidelity insurance in place to insure | ||||||
14 | against loss for theft of community association funds. | ||||||
15 | (2) The fidelity insurance is not less than all moneys | ||||||
16 | under the control of the designated supervising community | ||||||
17 | association manager or the employing community association | ||||||
18 | management firm for the association. | ||||||
19 | (3) The fidelity insurance covers the designated | ||||||
20 | community association manager, all other licensees, | ||||||
21 | supervising community association manager, and all | ||||||
22 | partners, officers, and employees of the community | ||||||
23 | association management firm during the term of the | ||||||
24 | insurance coverage, which shall be at least for the same | ||||||
25 | term as the service agreement between the community |
| |||||||
| |||||||
1 | association management firm or supervising community | ||||||
2 | association manager as well as the community association | ||||||
3 | officers, directors, and employees. | ||||||
4 | (4) The insurance company issuing the fidelity | ||||||
5 | insurance may not cancel or refuse to renew the bond | ||||||
6 | without giving at least 10 days' prior written notice. | ||||||
7 | (5) Unless an agreement between the community | ||||||
8 | association and the supervising community association | ||||||
9 | manager or the community association management firm | ||||||
10 | provides to the contrary, a community association may | ||||||
11 | secure and pay for the fidelity insurance required by this | ||||||
12 | Section. The designated supervising community association | ||||||
13 | manager , all other licensees, and or the community | ||||||
14 | association management firm must be named as additional | ||||||
15 | insured parties on the community association policy. | ||||||
16 | (b) A community association management firm that provides | ||||||
17 | community association management services for more than one | ||||||
18 | community association shall maintain separate, segregated | ||||||
19 | accounts for each community association or, with the consent of | ||||||
20 | the community association, combine the accounts of one or more | ||||||
21 | community associations, but in that event, separately account | ||||||
22 | for the funds of each community association. The funds shall | ||||||
23 | not, in any event, be commingled with the supervising community | ||||||
24 | association manager's or community association management | ||||||
25 | firm's funds. The maintenance of such accounts shall be | ||||||
26 | custodial, and such accounts shall be in the name of the |
| |||||||
| |||||||
1 | respective community association or community association | ||||||
2 | manager or community association management firm Community | ||||||
3 | Association Management Agency as the agent for the association. | ||||||
4 | (c) The supervising community association manager or | ||||||
5 | community association management firm shall obtain the | ||||||
6 | appropriate general liability and errors and omissions | ||||||
7 | insurance, as determined by the Department, to cover any losses | ||||||
8 | or claims against the supervising community association | ||||||
9 | manager or the community association management firm. | ||||||
10 | (d) The Department shall have authority to promulgate | ||||||
11 | additional rules regarding insurance, fidelity insurance and | ||||||
12 | all accounts maintained and to be maintained by a designated | ||||||
13 | supervising community association manager or community | ||||||
14 | association management firm.
| ||||||
15 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
16 | (225 ILCS 427/60)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2020) | ||||||
18 | Sec. 60. Licenses; renewals; restoration; person in | ||||||
19 | military service. | ||||||
20 | (a) The expiration date and renewal period for each license | ||||||
21 | issued under this Act shall be set by rule. The Department may | ||||||
22 | promulgate rules requiring continuing education and set all | ||||||
23 | necessary requirements for such, including but not limited to | ||||||
24 | fees, approved coursework, number of hours, and waivers of | ||||||
25 | continuing education. |
| |||||||
| |||||||
1 | (b) Any licensee who has permitted his or , her , or its | ||||||
2 | license to expire may have the license restored by making | ||||||
3 | application to the Department and filing proof acceptable to | ||||||
4 | the Department of fitness to have his or , her , or its license | ||||||
5 | restored, by which may include sworn evidence certifying to | ||||||
6 | active practice in another jurisdiction satisfactory to the | ||||||
7 | Department, complying with any continuing education | ||||||
8 | requirements, and paying the required restoration fee. | ||||||
9 | (c) If the person has not maintained an active practice in | ||||||
10 | another jurisdiction satisfactory to the Department, the | ||||||
11 | Department shall determine, by an evaluation program | ||||||
12 | established by rule, the person's fitness to resume active | ||||||
13 | status and may require the person to complete a period of | ||||||
14 | evaluated clinical experience and successful completion of a | ||||||
15 | practical examination.
However, any person whose license | ||||||
16 | expired while (i) in federal service on active duty with the | ||||||
17 | Armed Forces of the United States or called into service or | ||||||
18 | training with the State Militia or (ii) in training or | ||||||
19 | education under the supervision of the United States | ||||||
20 | preliminary to induction into the military service may have his | ||||||
21 | or her license renewed or restored without paying any lapsed | ||||||
22 | renewal fees if, within 2 years after honorable termination of | ||||||
23 | the service, training or education, except under condition | ||||||
24 | other than honorable, he or she furnishes the Department with | ||||||
25 | satisfactory evidence to the effect that he or she has been so | ||||||
26 | engaged and that the service, training, or education has been |
| |||||||
| |||||||
1 | so terminated. | ||||||
2 | (d) A community association manager , community association | ||||||
3 | management firm or supervising community association manager | ||||||
4 | who notifies the Department, in writing on forms prescribed by | ||||||
5 | the Department, may place his or , her , or its license on | ||||||
6 | inactive status and shall be excused from the payment of | ||||||
7 | renewal fees until the person notifies the Department in | ||||||
8 | writing of the intention to resume active practice. | ||||||
9 | (e) A community association manager , community association | ||||||
10 | management firm, or supervising community association manager | ||||||
11 | requesting his or , her , or its license be changed from inactive | ||||||
12 | to active status shall be required to pay the current renewal | ||||||
13 | fee and shall also demonstrate compliance with the continuing | ||||||
14 | education requirements. | ||||||
15 | (f) Any licensee with a nonrenewed or on inactive license | ||||||
16 | status or any community association firm operating without a | ||||||
17 | designated community association manager shall not provide | ||||||
18 | community association management services as set forth in this | ||||||
19 | Act. | ||||||
20 | (g) Any person or entity violating subsection (f) of this | ||||||
21 | Section shall be considered to be practicing without a license | ||||||
22 | and will be subject to the disciplinary provisions of this Act.
| ||||||
23 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
24 | (225 ILCS 427/70)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2020) |
| |||||||
| |||||||
1 | Sec. 70. Penalty for insufficient funds; payments. Any | ||||||
2 | person who delivers a check or other payment to the Department | ||||||
3 | that is returned to the Department unpaid by the financial | ||||||
4 | institution upon which it is drawn shall pay to the Department, | ||||||
5 | in addition to the amount already owed to the Department, a | ||||||
6 | fine of $50. The Department shall notify the person that | ||||||
7 | payment of fees and fines shall be paid to the Department by | ||||||
8 | certified check or money order within 30 calendar days after | ||||||
9 | notification. If, after the expiration of 30 days from the date | ||||||
10 | of the notification, the person has failed to submit the | ||||||
11 | necessary remittance, the Department shall automatically | ||||||
12 | terminate the license or deny the application, without hearing. | ||||||
13 | If, after termination or denial, the person seeks a license, he | ||||||
14 | or , she , or it shall apply to the Department for restoration or | ||||||
15 | issuance of the license and pay all fees and fines due to the | ||||||
16 | Department. The Department may establish a fee for the | ||||||
17 | processing of an application for restoration of a license to | ||||||
18 | pay all expenses of processing this application. The Secretary | ||||||
19 | may waive the fines due under this Section in individual cases | ||||||
20 | where the Secretary finds that the fines would be unreasonable | ||||||
21 | or unnecessarily burdensome.
| ||||||
22 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
23 | (225 ILCS 427/75)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2020) | ||||||
25 | Sec. 75. Endorsement. The Department may issue a community |
| |||||||
| |||||||
1 | association manager or supervising community association | ||||||
2 | manager license, without the required examination, to an | ||||||
3 | applicant licensed under the laws of another state if the | ||||||
4 | requirements for licensure in that state are, on the date of | ||||||
5 | licensure, substantially equal to the requirements of this Act | ||||||
6 | or to a person who, at the time of his or her application for | ||||||
7 | licensure, possessed individual qualifications that were | ||||||
8 | substantially equivalent to the requirements then in force in | ||||||
9 | this State. An applicant under this Section shall pay all of | ||||||
10 | the required fees. | ||||||
11 | Applicants have 3 years from the date of application to | ||||||
12 | complete the application process. If the process has not been | ||||||
13 | completed within the 3 years, the application shall be denied, | ||||||
14 | the fee shall be forfeited, and the applicant must reapply and | ||||||
15 | meet the requirements in effect at the time of reapplication.
| ||||||
16 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
17 | (225 ILCS 427/85)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2020) | ||||||
19 | Sec. 85. Grounds for discipline; refusal, revocation, or | ||||||
20 | suspension. | ||||||
21 | (a) The Department may refuse to issue or renew a license, | ||||||
22 | or may place on probation, reprimand, suspend, or revoke any | ||||||
23 | license, or take any other disciplinary or non-disciplinary | ||||||
24 | action as the Department may deem proper and impose a fine not | ||||||
25 | to exceed $10,000 for each violation upon any licensee or |
| |||||||
| |||||||
1 | applicant under this Act or any person or entity who holds | ||||||
2 | himself, herself, or itself out as an applicant or licensee for | ||||||
3 | any one or combination of the following causes: | ||||||
4 | (1) Material misstatement in furnishing information to | ||||||
5 | the Department. | ||||||
6 | (2) Violations of this Act or its rules. | ||||||
7 | (3) Conviction of or entry of a plea of guilty or plea | ||||||
8 | of nolo contendere to a felony or a misdemeanor under the | ||||||
9 | laws of the United States, any state, or any other | ||||||
10 | jurisdiction or entry of an administrative sanction by a | ||||||
11 | government agency in this State or any other jurisdiction. | ||||||
12 | Action taken under this paragraph (3) for a misdemeanor or | ||||||
13 | an administrative sanction is limited to a misdemeanor or | ||||||
14 | administrative sanction that has as an essential element | ||||||
15 | dishonesty or fraud, that involves larceny, embezzlement, | ||||||
16 | or obtaining money, property, or credit by false pretenses | ||||||
17 | or by means of a confidence game, or that is directly | ||||||
18 | related to the practice of the profession. | ||||||
19 | (4) Making any misrepresentation for the purpose of | ||||||
20 | obtaining a license or violating any provision of this Act | ||||||
21 | or its rules. | ||||||
22 | (5) Professional incompetence. | ||||||
23 | (6) Gross negligence. | ||||||
24 | (7) Aiding or assisting another person in violating any | ||||||
25 | provision of this Act or its rules. | ||||||
26 | (8) Failing, within 30 days, to provide information in |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | by the Department. | ||||||
2 | (30) Operating a community association management firm | ||||||
3 | without a licensed designated community association | ||||||
4 | manager. | ||||||
5 | (31) Failing to meet the requirements for acting as a | ||||||
6 | designated community association manager, if appropriate. | ||||||
7 | (b) In accordance with subdivision (a)(5) of Section | ||||||
8 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
9 | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15), | ||||||
10 | the Department shall deny a license or renewal authorized by | ||||||
11 | this Act to a person who has defaulted on an educational loan | ||||||
12 | or scholarship provided or guaranteed by the Illinois Student | ||||||
13 | Assistance Commission or any governmental agency of this State. | ||||||
14 | (c) The determination by a circuit court that a licensee is | ||||||
15 | subject to involuntary admission or judicial admission, as | ||||||
16 | provided in the Mental Health and Developmental Disabilities | ||||||
17 | Code, operates as an automatic suspension. The suspension will | ||||||
18 | terminate only upon a finding by a court that the patient is no | ||||||
19 | longer subject to involuntary admission or judicial admission | ||||||
20 | and the issuance of an order so finding and discharging the | ||||||
21 | patient, and upon the recommendation of the Board to the | ||||||
22 | Secretary that the licensee be allowed to resume his or her | ||||||
23 | practice as a licensed community association manager. | ||||||
24 | (d) In accordance with subsection (g) of Section 2105-15 of | ||||||
25 | the Department of Professional Regulation Law of the Civil | ||||||
26 | Administrative Code of Illinois (20 ILCS 2105/2105-15), the |
| |||||||
| |||||||
1 | Department may refuse to issue or renew or may suspend the | ||||||
2 | license of any person who fails to file a return, to pay the | ||||||
3 | tax, penalty, or interest shown in a filed return, or to pay | ||||||
4 | any final assessment of tax, penalty, or interest, as required | ||||||
5 | by any tax Act administered by the Department of Revenue, until | ||||||
6 | such time as the requirements of that tax Act are satisfied.
| ||||||
7 | (e) In accordance with subdivision (a)(5) of Section | ||||||
8 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
9 | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15) | ||||||
10 | and in cases where the Department of Healthcare and Family | ||||||
11 | Services (formerly Department of Public Aid) has previously | ||||||
12 | determined that a licensee or a potential licensee is more than | ||||||
13 | 30 days delinquent in the payment of child support and has | ||||||
14 | subsequently certified the delinquency to the Department may | ||||||
15 | refuse to issue or renew or may revoke or suspend that person's | ||||||
16 | license or may take other disciplinary action against that | ||||||
17 | person based solely upon the certification of delinquency made | ||||||
18 | by the Department of Healthcare and Family Services. | ||||||
19 | (f) In enforcing this Section, the Department or Board upon | ||||||
20 | a showing of a possible violation may compel a licensee or an | ||||||
21 | individual licensed to practice under this Act, or who has | ||||||
22 | applied for licensure under this Act, to submit to a mental or | ||||||
23 | physical examination, or both, as required by and at the | ||||||
24 | expense of the Department. The Department or Board may order | ||||||
25 | the examining physician to present testimony concerning the | ||||||
26 | mental or physical examination of the licensee or applicant. No |
| |||||||
| |||||||
1 | information shall be excluded by reason of any common law or | ||||||
2 | statutory privilege relating to communications between the | ||||||
3 | licensee or applicant and the examining physician. The | ||||||
4 | examining physicians shall be specifically designated by the | ||||||
5 | Board or Department. The individual to be examined may have, at | ||||||
6 | his or her own expense, another physician of his or her choice | ||||||
7 | present during all aspects of this examination. Failure of an | ||||||
8 | individual to submit to a mental or physical examination, when | ||||||
9 | directed, shall be grounds for suspension of his or her license | ||||||
10 | or denial of his or her application or renewal until the | ||||||
11 | individual submits to the examination if the Department finds, | ||||||
12 | after notice and hearing, that the refusal to submit to the | ||||||
13 | examination was without reasonable cause.
| ||||||
14 | If the Department or Board finds an individual unable to | ||||||
15 | practice because of the reasons set forth in this Section, the | ||||||
16 | Department or Board may require that individual to submit to | ||||||
17 | care, counseling, or treatment by physicians approved or | ||||||
18 | designated by the Department or Board, as a condition, term, or | ||||||
19 | restriction for continued, reinstated, or renewed licensure to | ||||||
20 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
21 | Department may file, or the Board may recommend to the | ||||||
22 | Department to file, a complaint to immediately suspend, revoke, | ||||||
23 | deny, or otherwise discipline the license of the individual. An | ||||||
24 | individual whose license was granted, continued, reinstated, | ||||||
25 | renewed, disciplined or supervised subject to such terms, | ||||||
26 | conditions, or restrictions, and who fails to comply with such |
| |||||||
| |||||||
1 | terms, conditions, or restrictions, shall be referred to the | ||||||
2 | Secretary for a determination as to whether the individual | ||||||
3 | shall have his or her license suspended immediately, pending a | ||||||
4 | hearing by the Department. | ||||||
5 | In instances in which the Secretary immediately suspends a | ||||||
6 | person's license under this Section, a hearing on that person's | ||||||
7 | license must be convened by the Department within 30 days after | ||||||
8 | the suspension and completed without appreciable delay. The | ||||||
9 | Department and Board shall have the authority to review the | ||||||
10 | subject individual's record of treatment and counseling | ||||||
11 | regarding the impairment to the extent permitted by applicable | ||||||
12 | federal statutes and regulations safeguarding the | ||||||
13 | confidentiality of medical records. | ||||||
14 | An individual licensed under this Act and affected under | ||||||
15 | this Section shall be afforded an opportunity to demonstrate to | ||||||
16 | the Department or Board that he or she can resume practice in | ||||||
17 | compliance with acceptable and prevailing standards under the | ||||||
18 | provisions of his or her license.
| ||||||
19 | (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14; | ||||||
20 | 98-756, eff. 7-16-14.)
| ||||||
21 | (225 ILCS 427/90)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2020) | ||||||
23 | Sec. 90. Violations; injunctions; cease and desist orders. | ||||||
24 | (a) If any person violates a provision of this Act, the | ||||||
25 | Secretary may, in the name of the People of the State of |
| |||||||
| |||||||
1 | Illinois, through the Attorney General of the State of | ||||||
2 | Illinois, petition for an order enjoining the violation or for | ||||||
3 | an order enforcing compliance with this Act. Upon the filing of | ||||||
4 | a verified petition in court, the court may issue a temporary | ||||||
5 | restraining order, without notice or bond, and may | ||||||
6 | preliminarily and permanently enjoin the violation. If it is | ||||||
7 | established that the person has violated or is violating the | ||||||
8 | injunction, the Court may punish the offender for contempt of | ||||||
9 | court. Proceedings under this Section are in addition to, and | ||||||
10 | not in lieu of, all other remedies and penalties provided by | ||||||
11 | this Act. | ||||||
12 | (b) If any person, entity or other business may provide | ||||||
13 | community association management services or provide services | ||||||
14 | as community association manager to any community association | ||||||
15 | in this State without having a valid license under this Act or | ||||||
16 | without a designated community association manager for a | ||||||
17 | community association management firm , then any licensee, any | ||||||
18 | interested party or any person injured thereby may, in addition | ||||||
19 | to the Secretary, petition for relief as provided in subsection | ||||||
20 | (a) of this Section. | ||||||
21 | (c) Whenever in the opinion of the Department any person, | ||||||
22 | entity or other business violates any provision of this Act, | ||||||
23 | the Department may issue a rule to show cause why an order to | ||||||
24 | cease and desist should not be entered against such person, | ||||||
25 | firm or other entity. The rule shall clearly set forth the | ||||||
26 | grounds relied upon by the Department and shall provide a |
| |||||||
| |||||||
1 | period of at least 7 days from the date of the rule to file an | ||||||
2 | answer to the satisfaction of the Department. If the person, | ||||||
3 | firm or other entity fails to file an answer satisfactory to | ||||||
4 | the Department, the matter shall be considered as a default and | ||||||
5 | the Department may cause an order to cease and desist to be | ||||||
6 | issued immediately.
| ||||||
7 | (Source: P.A. 96-726, eff. 7-1-10 .)
| ||||||
8 | (225 ILCS 427/92)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2020) | ||||||
10 | Sec. 92. Unlicensed practice; violation; civil penalty. | ||||||
11 | (a) Any person, entity or other business who practices, | ||||||
12 | offers to practice, attempts to practice, or holds himself, | ||||||
13 | herself or itself out to practice as a community association | ||||||
14 | manager or community association management firm or provide | ||||||
15 | services as a community association manager or community | ||||||
16 | association management firm to any community association in | ||||||
17 | this State without being licensed under this Act or without a | ||||||
18 | designated community association manager for a community | ||||||
19 | association management firm shall, in addition to any other | ||||||
20 | penalty provided by law, pay a civil penalty to the Department | ||||||
21 | in an amount not to exceed $10,000 for each offense, as | ||||||
22 | determined by the Department. The civil penalty shall be | ||||||
23 | assessed by the Department after a hearing is held in | ||||||
24 | accordance with the provisions set forth in this Act regarding | ||||||
25 | the provision of a hearing for the discipline of a licensee. |
| |||||||
| |||||||
1 | (b) The Department may investigate any and all unlicensed | ||||||
2 | activity. | ||||||
3 | (c) The civil penalty shall be paid within 60 days after | ||||||
4 | the effective date of the order imposing the civil penalty. The | ||||||
5 | order shall constitute a judgment and may be filed and | ||||||
6 | execution had thereon in the same manner as any judgment from | ||||||
7 | any court of record.
| ||||||
8 | (Source: P.A. 98-365, eff. 1-1-14.)
| ||||||
9 | (225 ILCS 427/155)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2020) | ||||||
11 | Sec. 155. Violations; penalties. | ||||||
12 | (a) A person who violates any of the following provisions | ||||||
13 | shall be guilty of a Class A misdemeanor; a person who commits | ||||||
14 | a second or subsequent violation of these provisions is guilty | ||||||
15 | of a Class 4 felony: | ||||||
16 | (1) The practice of or attempted practice of or holding | ||||||
17 | out as available to practice as a community association | ||||||
18 | manager or supervising community association manager | ||||||
19 | without a license. | ||||||
20 | (2) Operation of or attempt to operate a community | ||||||
21 | association management firm without a firm license or a | ||||||
22 | designated supervising community association manager. | ||||||
23 | (3) The obtaining of or the attempt to obtain any | ||||||
24 | license or authorization issued under this Act by | ||||||
25 | fraudulent misrepresentation. |
| |||||||
| |||||||
1 | (b) Whenever a licensee is convicted of a felony related to | ||||||
2 | the violations set forth in this Section, the clerk of the | ||||||
3 | court in any jurisdiction shall promptly report the conviction | ||||||
4 | to the Department and the Department shall immediately revoke | ||||||
5 | any license authorized under this Act held by that licensee. | ||||||
6 | The licensee shall not be eligible for licensure under this Act | ||||||
7 | until at least 10 years have elapsed since the time of full | ||||||
8 | discharge from any sentence imposed for a felony conviction. If | ||||||
9 | any person in making any oath or affidavit required by this Act | ||||||
10 | swears falsely, the person is guilty of perjury and may be | ||||||
11 | punished accordingly.
| ||||||
12 | (Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
| ||||||
13 | (225 ILCS 427/165)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020) | ||||||
15 | Sec. 165. Home rule. The regulation and licensing of | ||||||
16 | community association managers , supervising community | ||||||
17 | association managers, and community association management | ||||||
18 | firms are exclusive powers and functions of the State. A home | ||||||
19 | rule unit may not regulate or license community association | ||||||
20 | managers , supervising community association managers, or | ||||||
21 | community association management firms . This Section is a | ||||||
22 | denial and limitation of home rule powers and functions under | ||||||
23 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
24 | Constitution.
| ||||||
25 | (Source: P.A. 98-365, eff. 1-1-14.)
|
| |||||||
| |||||||
1 | (225 ILCS 427/42 rep.) | ||||||
2 | Section 10. The Community Association Manager Licensing | ||||||
3 | and Disciplinary Act is amended by repealing Section 42.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|