Illinois General Assembly - Full Text of SB1818
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Full Text of SB1818  100th General Assembly


Sen. Pamela J. Althoff

Filed: 3/10/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1818 by replacing
3everything after the enacting clause:
4    "Section 5. The Community Association Manager Licensing
5and Disciplinary Act is amended by changing Sections 5, 10, 15,
620, 32, 55, 60, 70, 75, 85, 90, 92, 95, 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8    (Section scheduled to be repealed on January 1, 2020)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



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1professional conduct by those licensed to provide community
2association management services.
3(Source: P.A. 98-365, eff. 1-1-14.)
4    (225 ILCS 427/10)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 10. Definitions. As used in this Act:
7    "Address of record" means the designated address recorded
8by the Department in the applicant's or licensee's application
9file or license file maintained by the Department's licensure
10maintenance unit. It is the duty of the applicant or licensee
11to inform the Department of any change of address, and such
12changes must be made either through the Department's website or
13by contacting the Department's licensure maintenance unit.
14    "Advertise" means, but is not limited to, issuing or
15causing to be distributed any card, sign or device to any
16person; or causing, permitting or allowing any sign or marking
17on or in any building, structure, newspaper, magazine or
18directory, or on radio or television; or advertising by any
19other means designed to secure public attention.
20    "Board" means the Illinois Community Association Manager
21Licensing and Disciplinary Board.
22    "Community association" means an association in which
23membership is a condition of ownership or shareholder interest
24of a unit in a condominium, cooperative, townhouse, villa, or
25other residential unit which is part of a residential



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1development plan and that is authorized to impose an
2assessment, rents, or other costs that may become a lien on the
3unit or lot.
4    "Community association funds" means any assessments, fees,
5fines, or other funds collected by the community association
6manager from the community association, or its members, other
7than the compensation paid to the community association manager
8for performance of community association management services.
9    "Community association management firm" means a company,
10corporation, limited liability company, or other entity that
11engages in community association management services.
12    "Community association management services" means those
13services listed in the definition of community association
14manager in this Section.
15    "Community association manager" means an individual who
16administers for remuneration the financial, administrative,
17maintenance, or other duties for the community association,
18including the following services: (A) collecting, controlling
19or disbursing funds of the community association or having the
20authority to do so; (B) preparing budgets or other financial
21documents for the community association; (C) assisting in the
22conduct of community association meetings; (D) maintaining
23association records; and (E) administrating association
24contracts, as stated in the declaration, bylaws, proprietary
25lease, declaration of covenants, or other governing document of
26the community association. "Community association manager"



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1does not mean support staff, including, but not limited to
2bookkeepers, administrative assistants, secretaries, property
3inspectors, or customer service representatives.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "License" means the license issued to a person,
7corporation, partnership, limited liability company, or other
8legal entity under this Act to provide community association
9management services.
10    "Person" means an any individual, corporation,
11partnership, limited liability company, or other legal entity.
12    "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    "Supervising community association manager" means an
15individual licensed as a community association manager who
16manages and supervises a firm.
17(Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
18    (225 ILCS 427/15)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 15. License required. It shall be unlawful for any
21person, corporation, partnership, limited liability company,
22or other entity to provide community association management
23services, provide services as a community association manager,
24or hold himself or , herself, or itself out as a community
25association manager or community association management firm



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1to any community association in this State, unless he or , she,
2or it holds a current and valid license issued licensed by the
3Department or is otherwise exempt from licensure under this
5(Source: P.A. 98-365, eff. 1-1-14.)
6    (225 ILCS 427/20)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 20. Exemptions.
9    (a) The requirement for holding a license under this Act
10shall not apply to any of the following:
11        (1) Any director, officer, or member of a community
12    association providing one or more of the services of a
13    community association manager to a community association
14    without compensation for such services to the association.
15        (2) Any person, corporation, partnership, or limited
16    liability company providing one or more of the services of
17    a community association manager to a community association
18    of 10 units or less.
19        (3) A licensed attorney acting solely as an incident to
20    the practice of law.
21        (4) A person acting as a receiver, trustee in
22    bankruptcy, administrator, executor, or guardian acting
23    under a court order or under the authority of a will or of
24    a trust instrument.
25        (5) A person licensed in this State under any other Act



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1    from engaging the practice for which he or she is licensed.
2    (b) A licensed community association manager may not
3perform or engage in any activities for which a real estate
4managing broker or real estate broker's license is required
5under the Real Estate License Act of 2000, unless he or she
6also possesses a current and valid license under the Real
7Estate License Act of 2000 and is providing those services as
8provided for in the Real Estate License Act of 2000 and the
9applicable rules.
10    (c) A person may temporarily act as, or provide services
11as, a community association manager without being licensed
12under this Act if the person (i) is a community association
13manager regulated under the laws of another state or territory
14of the United States or another country and (ii) has applied in
15writing to the Department, on forms prepared and furnished by
16the Department, for licensure under this Act. This temporary
17right to act as a community association manager shall expire 6
18months after the filing of his or her written application to
19the Department; upon the withdrawal of the application for
20licensure under this Act; or upon delivery of a notice of
21intent to deny the application from the Department; or upon the
22denial of the application by the Department, whichever occurs
24(Source: P.A. 98-365, eff. 1-1-14.)
25    (225 ILCS 427/32)



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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 32. Social Security Number or Federal Tax
3Identification Number on license application. In addition to
4any other information required to be contained in the
5application, every application for an original license under
6this Act shall include the applicant's Social Security Number
7or Federal Tax Identification Number, which shall be retained
8in the Department's records pertaining to the license. As soon
9as practical, the Department shall assign a customer's
10identification number to each applicant for a license.
11    Every application for a renewal or restored license shall
12require the applicant's customer identification number.
13(Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.)
14    (225 ILCS 427/55)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 55. Fidelity insurance; segregation of accounts.
17    (a) A The supervising community association manager or the
18community association management firm with which he or she is
19employed shall not have access to and disburse community
20association funds unless each of the following conditions
22        (1) There is fidelity insurance in place to insure
23    against loss for theft of community association funds.
24        (2) The fidelity insurance is not less than all moneys
25    under the control of the supervising community association



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1    manager or the employing community association management
2    firm for the association.
3        (3) The fidelity insurance covers the community
4    association manager, supervising community association
5    manager, and all partners, officers, and employees of the
6    community association management firm during the term of
7    the insurance coverage, which shall be at least for the
8    same term as the service agreement between the community
9    association management firm or supervising community
10    association manager as well as the community association
11    officers, directors, and employees.
12        (4) The insurance company issuing the fidelity
13    insurance may not cancel or refuse to renew the bond
14    without giving at least 10 days' prior written notice.
15        (5) Unless an agreement between the community
16    association and the supervising community association
17    manager or the community association management firm
18    provides to the contrary, a community association may
19    secure and pay for the fidelity insurance required by this
20    Section. The supervising community association manager or
21    the community association management firm must be named as
22    additional insured parties on the community association
23    policy.
24    (b) A community association management firm that provides
25community association management services for more than one
26community association shall maintain separate, segregated



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1accounts for each community association or, with the consent of
2the community association, combine the accounts of one or more
3community associations, but in that event, separately account
4for the funds of each community association. The funds shall
5not, in any event, be commingled with the supervising community
6association manager's or community association management
7firm's funds. The maintenance of such accounts shall be
8custodial, and such accounts shall be in the name of the
9respective community association or community association
10manager or community association management firm Community
11Association Management Agency as the agent for the association.
12    (c) The supervising community association manager or
13community association management firm shall obtain the
14appropriate general liability and errors and omissions
15insurance, as determined by the Department, to cover any losses
16or claims against the supervising community association
17manager or the community association management firm.
18    (d) The Department shall have authority to promulgate
19additional rules regarding insurance, fidelity insurance and
20all accounts maintained and to be maintained by a supervising
21community association manager or community association
22management firm.
23(Source: P.A. 98-365, eff. 1-1-14.)
24    (225 ILCS 427/60)
25    (Section scheduled to be repealed on January 1, 2020)



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1    Sec. 60. Licenses; renewals; restoration; person in
2military service.
3    (a) The expiration date and renewal period for each license
4issued under this Act shall be set by rule. The Department may
5promulgate rules requiring continuing education and set all
6necessary requirements for such, including but not limited to
7fees, approved coursework, number of hours, and waivers of
8continuing education.
9    (b) Any licensee who has permitted his or , her, or its
10license to expire may have the license restored by making
11application to the Department and filing proof acceptable to
12the Department of fitness to have his or , her, or its license
13restored, by which may include sworn evidence certifying to
14active practice in another jurisdiction satisfactory to the
15Department, complying with any continuing education
16requirements, and paying the required restoration fee.
17    (c) If the person has not maintained an active practice in
18another jurisdiction satisfactory to the Department, the
19Department shall determine, by an evaluation program
20established by rule, the person's fitness to resume active
21status and may require the person to complete a period of
22evaluated clinical experience and successful completion of a
23practical examination. However, any person whose license
24expired while (i) in federal service on active duty with the
25Armed Forces of the United States or called into service or
26training with the State Militia or (ii) in training or



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1education under the supervision of the United States
2preliminary to induction into the military service may have his
3or her license renewed or restored without paying any lapsed
4renewal fees if, within 2 years after honorable termination of
5the service, training or education, except under condition
6other than honorable, he or she furnishes the Department with
7satisfactory evidence to the effect that he or she has been so
8engaged and that the service, training, or education has been
9so terminated.
10    (d) A community association manager, community association
11management firm or supervising community association manager
12who notifies the Department, in writing on forms prescribed by
13the Department, may place his or , her, or its license on
14inactive status and shall be excused from the payment of
15renewal fees until the person notifies the Department in
16writing of the intention to resume active practice.
17    (e) A community association manager, community association
18management firm, or supervising community association manager
19requesting his or , her, or its license be changed from inactive
20to active status shall be required to pay the current renewal
21fee and shall also demonstrate compliance with the continuing
22education requirements.
23    (f) Any licensee with a nonrenewed or on inactive license
24status shall not provide community association management
25services as set forth in this Act.
26    (g) Any person violating subsection (f) of this Section



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



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1or unnecessarily burdensome.
2(Source: P.A. 98-365, eff. 1-1-14.)
3    (225 ILCS 427/75)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 75. Endorsement. The Department may issue a community
6association manager or supervising community association
7manager license, without the required examination, to an
8applicant licensed under the laws of another state if the
9requirements for licensure in that state are, on the date of
10licensure, substantially equal to the requirements of this Act
11or to a person who, at the time of his or her application for
12licensure, possessed individual qualifications that were
13substantially equivalent to the requirements then in force in
14this State. An applicant under this Section shall pay all of
15the required fees.
16    Applicants have 3 years from the date of application to
17complete the application process. If the process has not been
18completed within the 3 years, the application shall be denied,
19the fee shall be forfeited, and the applicant must reapply and
20meet the requirements in effect at the time of reapplication.
21(Source: P.A. 98-365, eff. 1-1-14.)
22    (225 ILCS 427/85)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 85. Grounds for discipline; refusal, revocation, or



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2    (a) The Department may refuse to issue or renew a license,
3or may place on probation, reprimand, suspend, or revoke any
4license, or take any other disciplinary or non-disciplinary
5action as the Department may deem proper and impose a fine not
6to exceed $10,000 for each violation upon any licensee or
7applicant under this Act or any person or entity who holds
8himself or , herself, or itself out as an applicant or licensee
9for any one or combination of the following causes:
10        (1) Material misstatement in furnishing information to
11    the Department.
12        (2) Violations of this Act or its rules.
13        (3) Conviction of or entry of a plea of guilty or plea
14    of nolo contendere to a felony or a misdemeanor under the
15    laws of the United States, any state, or any other
16    jurisdiction or entry of an administrative sanction by a
17    government agency in this State or any other jurisdiction.
18    Action taken under this paragraph (3) for a misdemeanor or
19    an administrative sanction is limited to a misdemeanor or
20    administrative sanction that has as an essential element
21    dishonesty or fraud, that involves larceny, embezzlement,
22    or obtaining money, property, or credit by false pretenses
23    or by means of a confidence game, or that is directly
24    related to the practice of the profession.
25        (4) Making any misrepresentation for the purpose of
26    obtaining a license or violating any provision of this Act



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



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



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



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1    registration issued under this Act.
2        (28) Failing to maintain and deposit funds belonging to
3    a community association in accordance with subsection (b)
4    of Section 55 of this Act.
5        (29) Violating the terms of a disciplinary order issued
6    by the Department.
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 provides , entity or other business may
13provide community association management services or provides
14provide services as community association manager to any
15community association in this State without having a valid
16license under this Act, then any licensee, any interested party
17or any person injured thereby may, in addition to the
18Secretary, petition for relief as provided in subsection (a) of
19this Section.
20    (c) Whenever in the opinion of the Department any person,
21entity or other business violates any provision of this Act,
22the Department may issue a rule to show cause why an order to
23cease and desist should not be entered against such person,
24firm or other entity. The rule shall clearly set forth the
25grounds relied upon by the Department and shall provide a
26period of at least 7 days from the date of the rule to file an



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



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1    (c) The civil penalty shall be paid within 60 days after
2the effective date of the order imposing the civil penalty. The
3order shall constitute a judgment and may be filed and
4execution had thereon in the same manner as any judgment from
5any court of record.
6(Source: P.A. 98-365, eff. 1-1-14.)
7    (225 ILCS 427/95)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 95. Investigation; notice and hearing. The Department
10may investigate the actions or qualifications of a person,
11entity or other business holding or claiming to hold a license.
12Before suspending, revoking, placing on probationary status,
13or taking any other disciplinary action as the Department may
14deem proper with regard to any license, at least 30 days before
15the date set for the hearing, the Department shall (i) notify
16the accused in writing of any charges made and the time and
17place for a hearing on the charges before the Board, (ii)
18direct the individual or entity to file a written answer to the
19charges with the Board under oath within 20 days after the
20service on him or her of such notice, and (iii) inform the
21person, entity or other business that if the person, entity, or
22other business fails to file an answer, default will be taken
23against such person, entity, or other business and the license
24of such person, entity, or other business may be suspended,
25revoked, placed on probationary status, or other disciplinary



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1action taken with regard to the license, including limiting the
2scope, nature, or extent of his or her practice, as the
3Department may deem proper. Written notice may be served by
4personal delivery or by registered or certified mail to the
5applicant or licensee at his or her last address of record with
6the Department. In case the person fails to file an answer
7after receiving notice, his or her license may, in the
8discretion of the Department, be suspended, revoked, or placed
9on probationary status, or the Department may take whatever
10disciplinary action deemed proper, including limiting the
11scope, nature, or extent of the person's practice or the
12imposition of a fine, without a hearing, if the act or acts
13charged constitute sufficient grounds for such action under
14this Act. The written answer shall be served by personal
15delivery, certified delivery, or certified or registered mail
16to the Department. At the time and place fixed in the notice,
17the Department shall proceed to hear the charges and the
18parties or their counsel shall be accorded ample opportunity to
19present such statements, testimony, evidence, and argument as
20may be pertinent to the charges or to the defense thereto. The
21Department may continue such hearing from time to time. At the
22discretion of the Secretary after having first received the
23recommendation of the Board, the accused person's license may
24be suspended or revoked, if the evidence constitutes sufficient
25grounds for such action under this Act.
26(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)



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1    (225 ILCS 427/155)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 155. Violations; penalties.
4    (a) A person who violates any of the following provisions
5shall be guilty of a Class A misdemeanor; a person who commits
6a second or subsequent violation of these provisions is guilty
7of a Class 4 felony:
8        (1) The practice of or attempted practice of or holding
9    out as available to practice as a community association
10    manager or supervising community association manager
11    without a license.
12        (2) (Blank). Operation of or attempt to operate a
13    community association management firm without a firm
14    license or a designated supervising community association
15    manager.
16        (3) The obtaining of or the attempt to obtain any
17    license or authorization issued under this Act by
18    fraudulent misrepresentation.
19    (b) Whenever a licensee is convicted of a felony related to
20the violations set forth in this Section, the clerk of the
21court in any jurisdiction shall promptly report the conviction
22to the Department and the Department shall immediately revoke
23any license authorized under this Act held by that licensee.
24The licensee shall not be eligible for licensure under this Act
25until at least 10 years have elapsed since the time of full



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1discharge from any sentence imposed for a felony conviction. If
2any person in making any oath or affidavit required by this Act
3swears falsely, the person is guilty of perjury and may be
4punished accordingly.
5(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
6    (225 ILCS 427/165)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 165. Home rule. The regulation and licensing of
9community association managers, supervising community
10association managers, and community association management
11firms are exclusive powers and functions of the State. A home
12rule unit may not regulate or license community association
13managers, supervising community association managers, or
14community association management firms. This Section is a
15denial and limitation of home rule powers and functions under
16subsection (h) of Section 6 of Article VII of the Illinois
18(Source: P.A. 98-365, eff. 1-1-14.)
19    (225 ILCS 427/42 rep.)
20    (225 ILCS 427/50 rep.)
21    Section 10. The Community Association Manager Licensing
22and Disciplinary Act is amended by repealing Sections 42 and



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".