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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||
5 | Residential Unit Managers Licensure Act. | ||||||||||||||||||||||||||||
6 | Section 5. Legislative intent. The intent of the General | ||||||||||||||||||||||||||||
7 | Assembly in enacting this statute is to protect the public | ||||||||||||||||||||||||||||
8 | interest by requiring that persons engaged in the practice of | ||||||||||||||||||||||||||||
9 | managing residential unit owners associations, as defined by | ||||||||||||||||||||||||||||
10 | this Act, be qualified and that a public authority competent to | ||||||||||||||||||||||||||||
11 | determine the qualifications of such managers be established. | ||||||||||||||||||||||||||||
12 | Section 10. Definitions. In this Act: | ||||||||||||||||||||||||||||
13 | "Board" means the Residential Unit Managers Advisory | ||||||||||||||||||||||||||||
14 | Board.
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15 | "Department" means the Department of Financial and | ||||||||||||||||||||||||||||
16 | Professional Regulation. | ||||||||||||||||||||||||||||
17 | "Manager-in-training" means any individual who is training | ||||||||||||||||||||||||||||
18 | to become a residential unit manager and is under the | ||||||||||||||||||||||||||||
19 | supervision of a residential unit manager licensed under this | ||||||||||||||||||||||||||||
20 | Act. During the training period, a "manager-in-training" may | ||||||||||||||||||||||||||||
21 | not be licensed and may not have signatory authority on any | ||||||||||||||||||||||||||||
22 | unit owners association bank account. After a period of one |
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1 | year, a "manager-in-training" is required to be licensed under | ||||||
2 | this Act. | ||||||
3 | "Residential unit manager" means an individual who | ||||||
4 | administers, for compensation, the coordination of financial, | ||||||
5 | administrative, and maintenance duties for a unit owners | ||||||
6 | association and performs other duties called for in the | ||||||
7 | management contract. "Residential unit manager" includes | ||||||
8 | individuals who are direct employees of a unit owners | ||||||
9 | association. "Residential unit manager" does not include the | ||||||
10 | support staff of a unit owners association, such as | ||||||
11 | bookkeepers, administrative assistants, secretaries, property | ||||||
12 | inspectors, customer service representatives, or | ||||||
13 | managers-in-training. | ||||||
14 | "Secretary" means the Secretary of Financial and | ||||||
15 | Professional Regulation.
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16 | "Unit owners association" means an association in which | ||||||
17 | membership is a condition of ownership or shareholder interest | ||||||
18 | of a unit in a residential condominium, cooperative, townhouse, | ||||||
19 | villa, or other unit that is part of a residential development | ||||||
20 | plan and that is authorized to impose an assessment and other | ||||||
21 | costs that may become a lien on
the unit or lot. | ||||||
22 | Section 15. License required. | ||||||
23 | (a) Beginning July 1, 2008, it is unlawful for a person to | ||||||
24 | provide management services to unit owners associations in | ||||||
25 | Illinois or to hold himself or herself out as a residential |
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1 | unit manager, unless he or she is licensed under this Act. | ||||||
2 | (b) Any person who violates any provision of this Act
is, | ||||||
3 | for the first offense, guilty of a business offense
and shall | ||||||
4 | be fined not less than $500 nor more than $2,5000.
For a second | ||||||
5 | or subsequent offense, the person is guilty of a Class
A | ||||||
6 | misdemeanor. Each day a violation continues constitutes a
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7 | separate offense. | ||||||
8 | Section 20. Exemptions. Except as otherwise provided, the | ||||||
9 | provisions of this Act do not apply to: | ||||||
10 | (1) A licensed attorney acting solely as an incident to | ||||||
11 | the practice of law. | ||||||
12 | (2) Any person acting under a court order or under the | ||||||
13 | authority of a will or of a trust instrument as a receiver, | ||||||
14 | trustee in bankruptcy, administrator, executor, or | ||||||
15 | guardian. | ||||||
16 | (3) Employees of a developer. | ||||||
17 | (4) Managers of commercial or other non-residential | ||||||
18 | condominiums. | ||||||
19 | Section 25. Residential Unit Managers Advisory Board. | ||||||
20 | (a) There is created under the authority of the Department | ||||||
21 | the Residential Unit Managers Advisory Board, which shall | ||||||
22 | consist of 5 members appointed by the Secretary who are | ||||||
23 | residents of this State. Two members of the Board shall be | ||||||
24 | licensees under this Act, except that in the case of initial |
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1 | appointments, these Board members shall meet the requirements | ||||||
2 | for licensure under this Act and shall have obtained licensure | ||||||
3 | within 6 months after the effective date of this Act; 2 shall | ||||||
4 | be members of a unit owners association; and one shall be a | ||||||
5 | knowledgeable public member who is not licensed under this Act | ||||||
6 | or any Act administered by the Department. The Board shall | ||||||
7 | elect a chairperson and vice-chairperson. | ||||||
8 | (b) In making appointments, the Secretary shall consider | ||||||
9 | the recommendations of members of the profession and statewide | ||||||
10 | organizations representing unit owners associations. | ||||||
11 | (c) Members shall serve 4-year terms, except that of the | ||||||
12 | initial
appointments, one member shall serve for 2 years, 2 | ||||||
13 | members for 3 years, and 2
members for 4 years. Members shall | ||||||
14 | serve until their successors are appointed. No member shall | ||||||
15 | serve for more than 2 successive terms. Appointments to fill | ||||||
16 | vacancies shall be made in the same manner as the original | ||||||
17 | appointments for the unexpired portion of the vacated term. | ||||||
18 | (d) A member of the Board may be removed for cause. A | ||||||
19 | member subject to formal disciplinary proceedings shall | ||||||
20 | disqualify himself or herself from all Board business until the | ||||||
21 | charge is resolved. A member also shall disqualify himself or | ||||||
22 | herself from any matter on which the member cannot act | ||||||
23 | objectively. | ||||||
24 | (e) The members of the Board shall each receive as | ||||||
25 | compensation a reasonable sum as determined by the Secretary | ||||||
26 | for each day actually engaged in the duties of the office and |
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1 | each member shall receive reimbursement as set by the | ||||||
2 | Governor's Travel Control Board for all legitimate and | ||||||
3 | necessary expenses incurred in attending the meetings of the | ||||||
4 | Board. | ||||||
5 | (f) A majority of the Board members currently appointed | ||||||
6 | constitutes
a
quorum. A vacancy in the membership of the Board | ||||||
7 | does not impair the right
of a quorum to exercise all of the | ||||||
8 | rights and perform all of the duties of the Board. | ||||||
9 | (g) Board members are not liable for their acts, omissions, | ||||||
10 | decisions, or other conduct in connection with their duties on | ||||||
11 | the Board, except those determined to be willful, wanton, or | ||||||
12 | intentional misconduct. | ||||||
13 | (h) The Secretary may consider the recommendations of the | ||||||
14 | Board in
establishing guidelines for professional conduct, the | ||||||
15 | conduct of formal
disciplinary proceedings brought under this | ||||||
16 | Act, and the
qualifications of applicants. Notice of proposed | ||||||
17 | rulemaking
shall be transmitted to the Board and the Department | ||||||
18 | shall review the response
of the Board and any recommendations | ||||||
19 | made in the response. The Department, at
any time, may seek the | ||||||
20 | expert advice and knowledge of the Board on any matter
relating | ||||||
21 | to the administration or enforcement of this Act. | ||||||
22 | Section 30. Qualifications. | ||||||
23 | (a) An applicant for licensure as a residential unit | ||||||
24 | manager must meet the following requirements:
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25 | (1) be a citizen of the United States; |
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1 | (2) have attained the age of 2l; | ||||||
2 | (3) never have been convicted of a felony; and | ||||||
3 | (4) have either: | ||||||
4 | (A) passed an examination covering the | ||||||
5 | fundamentals of community association management, | ||||||
6 | including the Condominium Property Act, the General | ||||||
7 | Not-for-Profit Corporation Act of 1986, and any other | ||||||
8 | laws the Department deems appropriate as it relates to | ||||||
9 | residential unit management; or | ||||||
10 | (B) furnished evidence satisfactory to the | ||||||
11 | Department establishing, by experience or education, | ||||||
12 | that the applicant is qualified to hold a license; and | ||||||
13 | (5) have met any additional requirements established | ||||||
14 | by the Department. | ||||||
15 | (b) Any individual who has been employed in the management | ||||||
16 | of unit owners associations in Illinois for a period of at | ||||||
17 | least 5 years immediately prior to the effective date of this | ||||||
18 | Act shall be deemed qualified and exempt from the examination | ||||||
19 | requirement set forth in this Act. | ||||||
20 | Section 35. License expiration; renewal; restoration; | ||||||
21 | reinstatement. | ||||||
22 | (a) Licenses issued under this Act shall expire every 4 | ||||||
23 | years on a date established by the Department and may be | ||||||
24 | renewed upon the payment of a renewal fee established by the | ||||||
25 | Department. |
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1 | (b) A licensee may have an expired license restored within | ||||||
2 | one year after the date of its expiration by making written | ||||||
3 | application to the Department for restoration and paying a | ||||||
4 | restoration fee. | ||||||
5 | (c) If a person fails to have his or her license restored | ||||||
6 | within the one-year period set forth in subsection (b) of this | ||||||
7 | Section, the person may reinstate the license within 4 years | ||||||
8 | after the date of expiration by making written application to | ||||||
9 | the Department for reinstatement, paying a fee, and providing | ||||||
10 | proof to the Department of his or her continued professional | ||||||
11 | competence. | ||||||
12 | (d) If a person fails to have his or her license reinstated | ||||||
13 | within the 4-year period set forth in subsection (c) of this | ||||||
14 | Section, the person may not be reinstated unless he or she | ||||||
15 | fulfills and meets the requirements and conditions required of | ||||||
16 | an applicant applying for initial licensure, which | ||||||
17 | requirements shall include retaking and successfully | ||||||
18 | completing the licensing examination. | ||||||
19 | (e) Any person who performs residential unit management | ||||||
20 | services with an expired license shall be practicing in | ||||||
21 | violation of this Act and shall be subject to the sanctions | ||||||
22 | authorized by this Act. The Department may refuse to reactivate | ||||||
23 | or reinstate any expired license for conduct that constitutes a | ||||||
24 | violation of any provision of this Act. | ||||||
25 | Section 40. Fidelity bonds; segregation of accounts. A |
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1 | licensee or the management firm with which the licensee is | ||||||
2 | employed may not solely and exclusively have access to and | ||||||
3 | disburse the funds of a unit owners association unless all of | ||||||
4 | the following conditions apply: | ||||||
5 | (1) There is a fidelity bond in place. | ||||||
6 | (2) The fidelity bond is in an amount not less than all | ||||||
7 | moneys of that association. | ||||||
8 | (3) The fidelity bond covers the licensee and all | ||||||
9 | partners, officers, and employees of the management firm | ||||||
10 | with whom the licensee is employed during the term of the | ||||||
11 | bond as well as the association officers, secretaries, and | ||||||
12 | employees of each unit owners association serviced. | ||||||
13 | (4) The insurance company issuing the bond may not | ||||||
14 | cancel or refuse to renew the bond without giving not less | ||||||
15 | than 10 days prior written notice. | ||||||
16 | (5) The unit owners association secures and pays for | ||||||
17 | the bond. | ||||||
18 | Section 45. Standing. Only the duly appointed or elected | ||||||
19 | governing body of a unit owners association based upon a duly | ||||||
20 | adopted resolution
shall have standing to file a compliant | ||||||
21 | before the Department. | ||||||
22 | Section 50. Defamation. Notwithstanding any other | ||||||
23 | provision of law, it is not a defense in any defamation suit | ||||||
24 | brought by a residential unit manager or management firm that |
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1 | the residential unit manager or management firm is deemed a | ||||||
2 | public or limited public figure. | ||||||
3 | Section 55. Disciplinary action. The Department may refuse | ||||||
4 | to issue or renew, or may
revoke, suspend, place on probation, | ||||||
5 | reprimand, or take other disciplinary action as the Department | ||||||
6 | deems appropriate, including the issuance of fines not to | ||||||
7 | exceed $2,500 for each violation, with regard to any license | ||||||
8 | for any one or both of the following:
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9 | (1) the commission of a felony or offense involving | ||||||
10 | moral turpitude or unprofessional conduct. "Unprofessional | ||||||
11 | conduct" includes violating the guidelines of professional | ||||||
12 | conduct established by the Department or any provision of | ||||||
13 | this Act. | ||||||
14 | (2) the failure to cooperate with the Department in the | ||||||
15 | investigation of a complaint, including without | ||||||
16 | limitation, failure to produce any document, book, or | ||||||
17 | record, including financial records in the possession or | ||||||
18 | control of the residential unit manager after the | ||||||
19 | Department requests production of that document, book, or | ||||||
20 | record. | ||||||
21 | Section 60. Fees; deposit of fees. The Department shall, by | ||||||
22 | rule, establish a schedule of fees for the administration and | ||||||
23 | enforcement of this Act. These fees shall be nonrefundable.
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24 | All of the fees and fines collected under this Act shall be |
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1 | deposited into the General Professions Dedicated Fund. The | ||||||
2 | moneys deposited into the General Professions Dedicated Fund | ||||||
3 | under this Section must be used by the Department, as | ||||||
4 | appropriate, for the ordinary and contingent expenses of the | ||||||
5 | Department. Moneys deposited in the General Professions | ||||||
6 | Dedicated Fund under this Section may be invested and | ||||||
7 | reinvested, with all earnings received from these investments | ||||||
8 | being deposited into that Fund and used for the same purposes | ||||||
9 | as the fees and fines deposited into that Fund.
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10 | Section 65. Change of information. If a licensee changes | ||||||
11 | his or her name, address, or
employment from that which appears | ||||||
12 | on the current license, the licensee shall notify the | ||||||
13 | Department
of the change within 30 days after it occurs. | ||||||
14 | Section 70. Powers and duties of Department. | ||||||
15 | (a) The Department shall exercise the powers and duties | ||||||
16 | prescribed by the Civil Administrative Code of Illinois and | ||||||
17 | shall exercise all other powers and duties set forth in this | ||||||
18 | Act. | ||||||
19 | (b) The Secretary shall, pursuant to recommendations of the | ||||||
20 | Board, prescribe forms to be issued for the administration and | ||||||
21 | enforcement of this Act and establish guidelines for | ||||||
22 | professional conduct for licensees under this Act. | ||||||
23 | Section 75. Rulemaking. The Department shall adopt rules |
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1 | necessary for the administration and enforcement of this Act, | ||||||
2 | including rules concerning standards for licensure, | ||||||
3 | professional conduct, the imposition of fees, and | ||||||
4 | recommendations for any disciplinary action. The Department | ||||||
5 | shall consult with the Board prior to adopting any rule. | ||||||
6 | Proposed rules shall be transmitted, prior to publication in | ||||||
7 | the Illinois Register to the Board, and the Department shall | ||||||
8 | review the Board's recommendations and shall notify the Board | ||||||
9 | with any explanation of any deviations from the Board's | ||||||
10 | recommendations. | ||||||
11 | Section 80. Violations; injunction; cease and desist | ||||||
12 | order. | ||||||
13 | (a) If any person violates the provisions of this Act, the | ||||||
14 | Secretary may, in the name of the People of the State of | ||||||
15 | Illinois, through the Attorney General, petition for an order | ||||||
16 | enjoining the violation or for an order enforcing compliance | ||||||
17 | with this Act. Upon the filing of a verified petition, the | ||||||
18 | court with appropriate jurisdiction may issue a temporary | ||||||
19 | restraining order without notice or bond and may preliminarily | ||||||
20 | and permanently enjoin the violation. If it is established that | ||||||
21 | the person has violated or is violating the injunction, the | ||||||
22 | court may punish the offender for contempt of court. | ||||||
23 | Proceedings under this Section are in addition to all other | ||||||
24 | remedies and penalties provided by this Act.
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25 | (b) If any person holds himself or herself out as being a |
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1 | licensed residential unit manager under this Act and is not | ||||||
2 | licensed to do so, then any licensed residential unit manager, | ||||||
3 | interested party, or any person injured thereby may petition | ||||||
4 | for relief as provided in subsection (a) of this Section.
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5 | (c) Whenever, in the opinion of the Department, a person | ||||||
6 | violates any provision of this Act, the Department may issue a | ||||||
7 | rule to show cause why an order to cease and desist should not | ||||||
8 | be entered against that person. The rule shall clearly set | ||||||
9 | forth the grounds relied upon by the Department and shall allow | ||||||
10 | at least 7 days from the date of the rule to file an answer | ||||||
11 | satisfactory to the Department. Failure to answer to the | ||||||
12 | satisfaction of the Department shall cause an order to cease | ||||||
13 | and desist to be issued. | ||||||
14 | Section 85. Investigations; notice and hearing. The | ||||||
15 | Department may investigate the actions of any applicant or any | ||||||
16 | person holding or claiming to hold a license. The Department | ||||||
17 | shall, before revoking, suspending, placing on probation, | ||||||
18 | reprimanding, or taking any other disciplinary action under the | ||||||
19 | provisions of this Act, at least 30 days prior to the date set | ||||||
20 | for the hearing, (i) notify the accused, in writing, of any | ||||||
21 | charges made and the time and place for the hearing on the | ||||||
22 | charges, (ii) direct him or her to file a written answer to the | ||||||
23 | charges with the Department under oath within 20 days after | ||||||
24 | service of the notice, and (iii) inform the accused that, if he | ||||||
25 | or she fails to answer, default will be taken against him or |
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1 | her or that his or her license may be suspended, revoked, or | ||||||
2 | placed on probationary status or other disciplinary action may | ||||||
3 | be taken with regard to the license, including limiting the | ||||||
4 | scope, nature, or extent of his or her practice, as the | ||||||
5 | Department may deem proper. In case the person, after receiving | ||||||
6 | notice, fails to file an answer, his or her license may, in the | ||||||
7 | discretion of the Department, be suspended, revoked, or placed | ||||||
8 | on probationary status or the Department may take whatever | ||||||
9 | disciplinary action it deems proper, including limiting the | ||||||
10 | scope, nature, or extent of the person's practice or imposing a | ||||||
11 | fine, without a hearing, if the act or acts charged constitute | ||||||
12 | sufficient grounds for such action under this Act. The written | ||||||
13 | notice may be served by personal delivery or certified mail to | ||||||
14 | the address specified by the accused in his or her last | ||||||
15 | notification to the Department. | ||||||
16 | Section 90. Record of proceedings; transcript. The | ||||||
17 | Department, at its expense, shall preserve a record of all | ||||||
18 | proceedings at the formal hearing of any case. The notice of | ||||||
19 | hearing, the complaint, all other documents in the nature of | ||||||
20 | pleadings, written motions filed in the proceedings, the | ||||||
21 | transcript of testimony, the report of the hearing officer, and | ||||||
22 | orders of the Department shall be in the record of such | ||||||
23 | proceeding. The Department shall furnish a transcript of the | ||||||
24 | record to any person interested in the hearing upon payment of | ||||||
25 | the fee required under Section 2105-115 of the Department of |
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1 | Professional Regulation Law of the Civil Administrative Code of | ||||||
2 | Illinois.
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3 | Section 95. Subpoenas; depositions; oaths. The Department | ||||||
4 | has the power to subpoena and to bring before it any person and | ||||||
5 | to take testimony either orally or by deposition or both, with | ||||||
6 | the same fees and mileage and in the same manner as prescribed | ||||||
7 | in civil cases in the courts of this State. The Secretary and | ||||||
8 | the designated hearing officer has the power to administer | ||||||
9 | oaths to witnesses at any hearing that the Department is | ||||||
10 | authorized to conduct and any other oaths authorized in any Act | ||||||
11 | administered by the Department. | ||||||
12 | Section 100. Compelling testimony. Any court, upon | ||||||
13 | application of the Department, a designated hearing officer, or | ||||||
14 | the applicant or licensee against whom proceedings under this | ||||||
15 | Act are pending, may enter an order requiring the attendance of | ||||||
16 | witnesses and their testimony and the production of documents, | ||||||
17 | papers, files, books, and records in connection with any | ||||||
18 | hearing or investigation. The court may compel obedience to its | ||||||
19 | order by proceedings for contempt. | ||||||
20 | Section 105. Findings and recommendations. At the | ||||||
21 | conclusion of the hearing, the hearing officer shall present to | ||||||
22 | the Secretary a written report of its findings of fact, | ||||||
23 | conclusions of law, and recommendations. The report shall |
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1 | contain a finding as to whether the licensee violated this Act | ||||||
2 | or failed to comply with the conditions required in this Act. | ||||||
3 | The hearing officer shall specify the nature of the violation | ||||||
4 | or failure to comply and shall make its recommendations to the | ||||||
5 | Secretary. The report of findings of fact, conclusions of law, | ||||||
6 | and recommendations of the hearing officer shall be the basis | ||||||
7 | for the Department's order for refusal or for the granting of | ||||||
8 | the license. If the Secretary disagrees with the | ||||||
9 | recommendations of the hearing officer, the Secretary may issue | ||||||
10 | an order in contravention of the hearing officer's | ||||||
11 | recommendations. The finding is not admissible in evidence | ||||||
12 | against the person in a criminal prosecution brought for a | ||||||
13 | violation of this Act, but the hearing and findings are not a | ||||||
14 | bar to a criminal prosecution brought for a violation of this | ||||||
15 | Act. | ||||||
16 | Section 110. Secretary; rehearing. Whenever the Secretary | ||||||
17 | believes justice has not been done in the revocation, | ||||||
18 | suspension, or refusal to issue or renew a license or the | ||||||
19 | discipline of a licensee, he or she may order a rehearing. | ||||||
20 | Section 115. Appointment of a hearing officer. The | ||||||
21 | Secretary has the authority to appoint an attorney licensed to | ||||||
22 | practice law in the State of Illinois to serve as the hearing | ||||||
23 | officer in any action for refusal to issue or renew a license | ||||||
24 | or permit or to discipline a licensee. The hearing officer has |
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1 | full authority to conduct the hearing. The hearing officer | ||||||
2 | shall report his or her findings of fact, conclusions of law, | ||||||
3 | and recommendations to the Secretary. | ||||||
4 | Section 120. Order or certified copy; prima facie proof. An | ||||||
5 | order or certified copy thereof, over the seal of the | ||||||
6 | Department and purporting to be signed by the Secretary, is | ||||||
7 | prima facie proof that:
| ||||||
8 | (1) the signature is the genuine signature of the
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9 | Secretary; and
| ||||||
10 | (2) the Secretary is duly appointed and qualified.
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11 | Section 125. Restoration of suspended or revoked license.
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12 | At any time after the suspension or revocation of a license, | ||||||
13 | the Department may restore it to the licensee, unless after an | ||||||
14 | investigation and hearing the Secretary determines that | ||||||
15 | restoration is not in the public interest. | ||||||
16 | Section 130. Surrender of license. Upon the revocation or | ||||||
17 | suspension of a license, the licensee shall immediately | ||||||
18 | surrender his or her license to the Department. If the licensee | ||||||
19 | fails to do so, the Department has the right to seize the | ||||||
20 | license.
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21 | Section 135. Summary suspension of license. The Secretary | ||||||
22 | may summarily suspend the license of a residential unit manager |
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1 | without a hearing, simultaneously with the institution of | ||||||
2 | proceedings for a hearing provided for in the provisions of | ||||||
3 | this Act, if the Secretary finds that evidence in the | ||||||
4 | possession of the Secretary indicates that the continuation of | ||||||
5 | practice by the residential unit manager would constitute an | ||||||
6 | imminent danger to the public. In the event that the Secretary | ||||||
7 | summarily suspends the license of an individual without a | ||||||
8 | hearing, a hearing must be held within 30 days after the | ||||||
9 | suspension has occurred.
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10 | Section 140. Administrative review; venue.
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11 | (a) All final administrative decisions of the Department | ||||||
12 | are subject to judicial review pursuant to the Administrative | ||||||
13 | Review Law and its rules. The term "administrative decision" is | ||||||
14 | defined as in Section 3-101 of the Code of Civil Procedure.
| ||||||
15 | (b) Proceedings for judicial review shall be commenced in | ||||||
16 | the circuit court of the county in which the party applying for | ||||||
17 | review resides, but if the party is not a resident of Illinois, | ||||||
18 | the venue shall be in Sangamon County.
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19 | Section 145. Certification of record; costs. The | ||||||
20 | Department shall not be required to certify any record to the | ||||||
21 | court, to file an answer in court, or to otherwise appear in | ||||||
22 | any court in a judicial review proceeding, unless there is | ||||||
23 | filed in the court, with the complaint, a receipt from the | ||||||
24 | Department acknowledging payment of the costs of furnishing and |
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| |||||||
1 | certifying the record. Failure on the part of the plaintiff to | ||||||
2 | file the receipt in court is grounds for dismissal of the | ||||||
3 | action.
| ||||||
4 | Section 150. Violations. Unless otherwise specified, any | ||||||
5 | person found to have violated any provision of this Act is | ||||||
6 | guilty of a Class A misdemeanor.
| ||||||
7 | Section 155. Illinois Administrative Procedure Act; | ||||||
8 | application. The Illinois Administrative Procedure Act is | ||||||
9 | hereby expressly adopted and incorporated in this Act as if all | ||||||
10 | of the provisions of such Act were included in this Act, except | ||||||
11 | that the provisions of paragraph (d) of Section 10-65 of the | ||||||
12 | Illinois Administrative Procedure Act, which provides that at | ||||||
13 | hearings the license holder has the right to show compliance | ||||||
14 | with all lawful requirements for retention, continuation, or | ||||||
15 | renewal of the certificate, is specifically excluded. For the | ||||||
16 | purpose of this Act the notice required under Section 10-25 of | ||||||
17 | the Illinois Administrative Procedure Act is deemed sufficient | ||||||
18 | when mailed to the last known address of a party.
| ||||||
19 | Section 160. Home rule. Pursuant to paragraph (h) of | ||||||
20 | Section 6 of Article
VII
of the Illinois Constitution of 1970 | ||||||
21 | the power to regulate the licensing of residential unit | ||||||
22 | managers shall,
except as may otherwise be provided within and | ||||||
23 | pursuant to the provisions of this Act, be exercised by the |
| |||||||
| |||||||
1 | State and may
not be exercised by
any unit of local government, | ||||||
2 | including home rule units. | ||||||
3 | Section 990. The Regulatory Sunset Act is amended by adding | ||||||
4 | Section 4.28 as follows: | ||||||
5 | (5 ILCS 80/4.28 new) | ||||||
6 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
7 | Act is repealed on January 1, 2018: | ||||||
8 | The Residential Unit Managers Licensure Act. | ||||||
9 | Section 995. The Condominium Property Act is amended by | ||||||
10 | changing Section 18.4 as follows:
| ||||||
11 | (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
| ||||||
12 | Sec. 18.4. Powers and Duties of Board of Managers. The | ||||||
13 | board of
managers shall exercise for the association all | ||||||
14 | powers, duties and
authority vested in the association by law | ||||||
15 | or the condominium instruments
except for such powers, duties | ||||||
16 | and authority reserved by law to the members
of the | ||||||
17 | association. The powers and duties of the board of managers | ||||||
18 | shall
include, but shall not be limited to, the following:
| ||||||
19 | (a) To provide for the operation, care, upkeep, | ||||||
20 | maintenance,
replacement and improvement of the common | ||||||
21 | elements. Nothing
in
this subsection (a) shall be deemed to | ||||||
22 | invalidate any provision in a
condominium instrument |
| |||||||
| |||||||
1 | placing limits on expenditures for the common elements, | ||||||
2 | provided, that such
limits shall not be applicable to | ||||||
3 | expenditures for repair, replacement, or
restoration of | ||||||
4 | existing portions of the common elements. The
term "repair, | ||||||
5 | replacement or restoration" means expenditures to | ||||||
6 | deteriorated or
damaged portions of the property related to | ||||||
7 | the existing decorating,
facilities, or structural or | ||||||
8 | mechanical components, interior or exterior
surfaces, or | ||||||
9 | energy systems and equipment with the functional | ||||||
10 | equivalent of the
original portions of such areas. | ||||||
11 | Replacement of the common elements may
result in an | ||||||
12 | improvement over the original quality of such elements or
| ||||||
13 | facilities; provided that, unless the improvement is | ||||||
14 | mandated by law or is an
emergency as defined in item (iv) | ||||||
15 | of subparagraph (8) of paragraph (a) of
Section 18, if the | ||||||
16 | improvement results in a proposed expenditure
exceeding 5% | ||||||
17 | of the annual budget, the board of managers, upon written | ||||||
18 | petition
by unit owners with 20% of the votes of the | ||||||
19 | association delivered to the board
within 14 days of the | ||||||
20 | board action to approve the expenditure, shall call a
| ||||||
21 | meeting of the unit owners within 30 days of the date of | ||||||
22 | delivery of the
petition to consider the expenditure. | ||||||
23 | Unless a majority of the total votes of
the unit owners are | ||||||
24 | cast at the meeting to reject the expenditure, it is
| ||||||
25 | ratified.
| ||||||
26 | (b) To prepare, adopt and distribute the annual budget |
| |||||||
| |||||||
1 | for the property.
| ||||||
2 | (c) To levy and expend assessments.
| ||||||
3 | (d) To collect assessments from unit
owners.
| ||||||
4 | (e) To provide for the employment and dismissal of the | ||||||
5 | personnel
necessary or advisable for the maintenance and | ||||||
6 | operation of the common
elements ; however, as to the | ||||||
7 | employment of an association manager, the board of managers | ||||||
8 | shall do so in compliance with the provisions of the | ||||||
9 | Residential Unit Managers Licensure Act .
| ||||||
10 | (f) To obtain adequate and appropriate kinds of
| ||||||
11 | insurance.
| ||||||
12 | (g) To own, convey, encumber, lease, and otherwise deal | ||||||
13 | with units
conveyed to or purchased by it.
| ||||||
14 | (h) To adopt and amend rules and regulations covering | ||||||
15 | the details of
the operation and use of the property, after | ||||||
16 | a meeting of the unit owners
called for the specific | ||||||
17 | purpose of discussing the proposed rules and
regulations. | ||||||
18 | Notice of the meeting shall contain the full text of the
| ||||||
19 | proposed rules and regulations, and the meeting shall | ||||||
20 | conform to the
requirements of Section 18(b) of this Act, | ||||||
21 | except that no quorum is
required at the meeting of the | ||||||
22 | unit owners unless the declaration, bylaws
or other | ||||||
23 | condominium instrument expressly provides to the contrary.
| ||||||
24 | However, no rule or regulation may impair any rights | ||||||
25 | guaranteed by the
First Amendment to the Constitution of | ||||||
26 | the United States or Section 4 of
Article I of the Illinois |
| |||||||
| |||||||
1 | Constitution including, but not limited to, the free | ||||||
2 | exercise of religion, nor may any rules or regulations
| ||||||
3 | conflict with the provisions of this Act or the condominium | ||||||
4 | instruments. No rule or regulation shall prohibit any | ||||||
5 | reasonable accommodation for religious practices, | ||||||
6 | including the attachment of religiously mandated objects | ||||||
7 | to the front-door area of a condominium unit.
| ||||||
8 | (i) To keep detailed, accurate records of the receipts | ||||||
9 | and
expenditures affecting the use and operation of the | ||||||
10 | property.
| ||||||
11 | (j) To have access to each unit from time to time as | ||||||
12 | may be necessary
for the maintenance, repair or replacement | ||||||
13 | of any common elements or for
making emergency repairs | ||||||
14 | necessary to prevent damage to the common elements
or to | ||||||
15 | other units.
| ||||||
16 | (k) To pay real property taxes, special assessments, | ||||||
17 | and any other
special taxes or charges of the State of | ||||||
18 | Illinois or of any political
subdivision thereof, or other | ||||||
19 | lawful taxing or assessing body, which are
authorized by | ||||||
20 | law to be assessed and levied upon the real property of the
| ||||||
21 | condominium.
| ||||||
22 | (l) To impose charges for late payment of a unit | ||||||
23 | owner's proportionate
share of the common expenses, or any | ||||||
24 | other expenses lawfully agreed upon,
and after notice and | ||||||
25 | an opportunity to be heard, to levy reasonable fines
for | ||||||
26 | violation of the declaration, by-laws, and rules and |
| |||||||
| |||||||
1 | regulations of
the association.
| ||||||
2 | (m) Unless the condominium instruments expressly | ||||||
3 | provide to the
contrary, by a majority vote of the entire | ||||||
4 | board of managers, to assign the
right of the association | ||||||
5 | to future income from common expenses or other
sources, and | ||||||
6 | to mortgage or pledge substantially all of the remaining
| ||||||
7 | assets of the association.
| ||||||
8 | (n) To record the dedication of a portion of the common | ||||||
9 | elements
to a public body for use as, or in connection | ||||||
10 | with, a street or utility
where authorized by the unit | ||||||
11 | owners under the provisions of Section 14.2.
| ||||||
12 | (o) To record the granting of an easement for the | ||||||
13 | laying of cable
television cable where authorized by the | ||||||
14 | unit owners under the provisions
of Section 14.3; to | ||||||
15 | obtain, if available and determined by the board to be in
| ||||||
16 | the best interests of the association, cable television
| ||||||
17 | service for all of the units of the condominium on a bulk
| ||||||
18 | identical service and equal cost per unit basis; and to | ||||||
19 | assess and recover the
expense as a common expense and, if | ||||||
20 | so determined by the board, to assess each
and every unit | ||||||
21 | on the same equal cost per unit basis.
| ||||||
22 | (p) To seek relief on behalf of all unit owners when | ||||||
23 | authorized
pursuant to subsection (c) of Section 10 from or | ||||||
24 | in connection with the
assessment or levying of real | ||||||
25 | property taxes, special assessments, and any
other special | ||||||
26 | taxes or changes of the State of Illinois or of any |
| |||||||
| |||||||
1 | political
subdivision thereof or of any lawful taxing or | ||||||
2 | assessing body.
| ||||||
3 | (q) To reasonably accommodate the needs of a | ||||||
4 | handicapped unit owner
as required by the federal Civil | ||||||
5 | Rights Act of 1968, the Human Rights Act
and any applicable | ||||||
6 | local ordinances in the exercise of its powers with
respect | ||||||
7 | to the use of common elements or approval of modifications | ||||||
8 | in an
individual unit.
| ||||||
9 | (r) To accept service of a notice of claim for purposes | ||||||
10 | of the Mechanics Lien Act on behalf of each respective | ||||||
11 | member of the Unit Owners' Association with respect to | ||||||
12 | improvements performed pursuant to any contract entered | ||||||
13 | into by the Board of Managers or any contract entered into | ||||||
14 | prior to the recording of the condominium declaration | ||||||
15 | pursuant to this Act, for a property containing more than 8 | ||||||
16 | units, and to distribute the notice to the unit owners | ||||||
17 | within 7 days of the acceptance of the service by the Board | ||||||
18 | of Managers. The service shall be effective as if each | ||||||
19 | individual unit owner had been served individually with | ||||||
20 | notice.
| ||||||
21 | In the performance of their duties, the officers and | ||||||
22 | members of the board,
whether appointed by the developer or | ||||||
23 | elected by the unit owners, shall
exercise the care required of | ||||||
24 | a fiduciary of the unit owners.
| ||||||
25 | The collection of assessments from unit owners by an | ||||||
26 | association, board
of managers or their duly authorized agents |
| |||||||
| |||||||
1 | shall not be considered acts
constituting a collection agency | ||||||
2 | for purposes of the Collection Agency Act.
| ||||||
3 | The provisions of this Section are
applicable to all | ||||||
4 | condominium instruments recorded under this Act. Any
portion of | ||||||
5 | a condominium instrument which contains provisions contrary to
| ||||||
6 | these provisions shall be void as against public policy and | ||||||
7 | ineffective.
Any such instrument that fails to contain the | ||||||
8 | provisions required by this
Section shall be deemed to | ||||||
9 | incorporate such provisions by operation of law.
| ||||||
10 | (Source: P.A. 94-384, eff. 1-1-06; 94-729, eff. 1-1-07.)
| ||||||
11 | Section 999. Effective date. This Act takes effect January | ||||||
12 | 1, 2008.
|