Illinois General Assembly - Full Text of SB1818
Illinois General Assembly

Previous General Assemblies

Full Text of SB1818  100th General Assembly


Sen. Pamela J. Althoff

Filed: 4/24/2017





10000SB1818sam002LRB100 07934 SMS 25190 a


2    AMENDMENT NO. ______. Amend Senate Bill 1818, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Community Association Manager Licensing
6and Disciplinary Act is amended by changing Sections 5, 10, 15,
725, 30, 50, 55, 60, 70, 75, 85, 90, 92, 155, and 165 as follows:
8    (225 ILCS 427/5)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 5. Legislative intent. It is the intent of the General
11Assembly that this Act provide for the licensing and regulation
12of community association managers and community association
13management firms, ensure that those who hold themselves out as
14possessing professional qualifications to engage in the
15business of community association management are, in fact,
16qualified to render management services of a professional



10000SB1818sam002- 2 -LRB100 07934 SMS 25190 a

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6    (Section scheduled to be repealed on January 1, 2020)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



10000SB1818sam002- 3 -LRB100 07934 SMS 25190 a

1other residential unit which is part of a residential
2development plan and that is authorized to impose an
3assessment, rents, or other costs that may become a lien on the
4unit or lot.
5    "Community association funds" means any assessments, fees,
6fines, or other funds collected by the community association
7manager from the community association, or its members, other
8than the compensation paid to the community association manager
9for performance of community association management services.
10    "Community association management firm" means a company,
11corporation, limited liability company, or other entity that
12engages in community association management services through a
13designated community association manager.
14    "Community association management services" means those
15services listed in the definition of community association
16manager in this Section.
17    "Community association manager" means an individual who
18administers for remuneration the financial, administrative,
19maintenance, or other duties for the community association,
20including, but not limited to, any of the following services:
21(A) collecting, controlling or disbursing funds of the
22community association or having the authority to do so; (B)
23preparing budgets or other financial documents for the
24community association; (C) assisting in the conduct of
25community association meetings; (D) maintaining association
26records; or and (E) administrating association contracts, as



10000SB1818sam002- 4 -LRB100 07934 SMS 25190 a

1stated in the declaration, bylaws, proprietary lease,
2declaration of covenants, or other governing document of the
3community association. "Community association manager" does
4not mean support staff, including, but not limited to
5bookkeepers, administrative assistants, secretaries, property
6inspectors, or customer service representatives.
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Designated community association manager" means a
10licensed community association manager who has an ownership
11interest in or is otherwise employed by a community association
12management firm to act as the controlling person and the
13authorized signatory for the firm on community association
14accounts and to otherwise supervise, manage, and be responsible
15for the firm's community association manager activities
16pursuant to Section 50 of this Act.
17    "License" means the license issued to a person,
18corporation, partnership, limited liability company, or other
19legal entity under this Act to provide community association
20management services.
21    "Person" means an any individual, corporation,
22partnership, limited liability company, or other legal entity.
23    "Secretary" means the Secretary of Financial and
24Professional Regulation.
25    "Supervising community association manager" means an
26individual licensed as a community association manager who



10000SB1818sam002- 5 -LRB100 07934 SMS 25190 a

1manages and supervises a firm.
2(Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
3    (225 ILCS 427/15)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 15. License required. It shall be unlawful for any
6person, corporation, partnership, limited liability company,
7or other entity to provide community association management
8services, provide services as a community association manager,
9or hold himself, herself, or itself out as a community
10association manager or community association management firm
11to any community association in this State, unless he, she, or
12it holds a current and valid license issued licensed by the
13Department, employs a designated community association manager
14with a current and valid license issued by the Department, or
15is otherwise exempt from licensure under this Act.
16(Source: P.A. 98-365, eff. 1-1-14.)
17    (225 ILCS 427/25)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 25. Community Association Manager Licensing and
20Disciplinary Board.
21    (a) There is hereby created the Community Association
22Manager Licensing and Disciplinary Board, which shall consist
23of 7 members appointed by the Secretary. All members must be
24residents of the State and must have resided in the State for



10000SB1818sam002- 6 -LRB100 07934 SMS 25190 a

1at least 5 years immediately preceding the date of appointment.
2Five members of the Board must be licensees under this Act, at
3least two members of which shall be supervising community
4association managers. Two members of the Board shall be owners
5of, or hold a shareholder's interest in, a unit in a community
6association at the time of appointment who are not licensees
7under this Act and have no direct affiliation or work
8experience with the community association's community
9association manager. This Board shall act in an advisory
10capacity to the Department.
11    (b) Board members shall serve for terms of 5 years, except
12that, initially, 4 members shall serve for 5 years and 3
13members shall serve for 4 years. All members shall serve until
14his or her successor is appointed and qualified. All vacancies
15shall be filled in like manner for the unexpired term. No
16member shall serve for more than 2 successive terms. The
17Secretary shall remove from the Board any member whose license
18has become void or has been revoked or suspended and may remove
19any member of the Board for neglect of duty, misconduct, or
20incompetence. A member who is subject to formal disciplinary
21proceedings shall disqualify himself or herself from all Board
22business until the charge is resolved. A member also shall
23disqualify himself or herself from any matter on which the
24member cannot act objectively.
25    (c) Four Board members shall constitute a quorum. A quorum
26is required for all Board decisions.



10000SB1818sam002- 7 -LRB100 07934 SMS 25190 a

1    (d) The Board shall elect annually a chairperson and vice
3    (e) Each member shall receive reimbursement as set by the
4Governor's Travel Control Board for expenses incurred in
5carrying out the duties as a Board member. The Board shall be
6compensated as determined by the Secretary.
7    (f) The Board may recommend policies, procedures, and rules
8relevant to the administration and enforcement of this Act.
9(Source: P.A. 98-365, eff. 1-1-14.)
10    (225 ILCS 427/30)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 30. Powers and duties of the Department. The
13Department may exercise the following functions, powers and
15        (a) formulate rules for the administration and
16    enforcement of this Act;
17        (b) prescribe forms to be issued for the administration
18    and enforcement of this Act;
19        (c) conduct hearings or proceedings to refuse to issue,
20    renew, suspend, revoke, place on probation, reprimand, or
21    take disciplinary or non-disciplinary action as the
22    Department may deem appropriate under this Act;
23        (d) maintain a roster of the names and addresses of all
24    licensees and the community association management firms
25    that employ them in a manner as deemed appropriate by the



10000SB1818sam002- 8 -LRB100 07934 SMS 25190 a

1    Department; and
2        (e) seek the advice and expert knowledge of the Board
3    on any matter relating to the administration and
4    enforcement of this Act.
5(Source: P.A. 96-726, eff. 7-1-10.)
6    (225 ILCS 427/50)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 50. Community association management firm.
9    (a) No corporation, partnership, limited liability
10company, or other legal entity shall provide or offer to
11provide community association management services, unless it
12does so through a licensed community association manager that
13has applied in writing on the prescribed forms and has paid the
14required nonrefundable fees and provided evidence to the
15Department that he or she meets the requirements to be named as
16a the firm has designated community association manager and
17agrees a licensed supervising community association manager to
18supervise and manage the firm's licensed activities firm. A
19designated supervising community association manager shall be
20a continuing requirement of firm operation. licensure. No
21supervising community association manager may be the
22supervising community association manager for more than one
24    (b) Any corporation, partnership, limited liability
25company, or other legal entity that is providing, or offering



10000SB1818sam002- 9 -LRB100 07934 SMS 25190 a

1to provide, community association management services and is
2not in compliance with Section 50 and other provisions of this
3Act shall be subject to the civil penalties fines, injunctions,
4cease and desist provisions, and penalties provided for in
5Sections 90, 92, and 155 of this Act.
6    (c) No community association manager may be the designated
7community association manager licensee-in-charge for more than
8one firm, corporation, limited liability company, or other
9legal entity.
10    (d) The Department is authorized to adopt rules and set all
11necessary requirements for the implementation of this Section.
12(Source: P.A. 98-365, eff. 1-1-14.)
13    (225 ILCS 427/55)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 55. Fidelity insurance; segregation of accounts.
16    (a) The designated supervising community association
17manager or the community association management firm with which
18he or she is employed shall not have access to and disburse
19community association funds unless each of the following
20conditions occur:
21        (1) There is fidelity insurance in place to insure
22    against loss for theft of community association funds.
23        (2) The fidelity insurance is not less than all moneys
24    under the control of the designated supervising community
25    association manager or the employing community association



10000SB1818sam002- 10 -LRB100 07934 SMS 25190 a

1    management firm for the association.
2        (3) The fidelity insurance covers the designated
3    community association manager, all other licensees,
4    supervising community association manager, and all
5    partners, officers, and employees of the community
6    association management firm during the term of the
7    insurance coverage, which shall be at least for the same
8    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 designated supervising community association
21    manager, all other licensees, and or the community
22    association management firm must be named as additional
23    insured parties on the community association policy.
24    (b) A community association management firm that provides
25community association management services for more than one
26community association shall maintain separate, segregated



10000SB1818sam002- 11 -LRB100 07934 SMS 25190 a

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 designated
21supervising community association manager or community
22association management 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)



10000SB1818sam002- 12 -LRB100 07934 SMS 25190 a

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



10000SB1818sam002- 13 -LRB100 07934 SMS 25190 a

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 or any community association firm operating without a
25designated community association manager shall not provide
26community association management services as set forth in this



10000SB1818sam002- 14 -LRB100 07934 SMS 25190 a

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



10000SB1818sam002- 15 -LRB100 07934 SMS 25190 a

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



10000SB1818sam002- 16 -LRB100 07934 SMS 25190 a

1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 85. Grounds for discipline; refusal, revocation, or
4    (a) The Department may refuse to issue or renew a license,
5or may place on probation, reprimand, suspend, or revoke any
6license, or take any other disciplinary or non-disciplinary
7action as the Department may deem proper and impose a fine not
8to exceed $10,000 for each violation upon any licensee or
9applicant under this Act or any person or entity who holds
10himself, herself, or itself out as an applicant or licensee for
11any one or combination of the following causes:
12        (1) Material misstatement in furnishing information to
13    the Department.
14        (2) Violations of this Act or its rules.
15        (3) Conviction of or entry of a plea of guilty or plea
16    of nolo contendere to a felony or a misdemeanor under the
17    laws of the United States, any state, or any other
18    jurisdiction or entry of an administrative sanction by a
19    government agency in this State or any other jurisdiction.
20    Action taken under this paragraph (3) for a misdemeanor or
21    an administrative sanction is limited to a misdemeanor or
22    administrative sanction that has as an essential element
23    dishonesty or fraud, that involves larceny, embezzlement,
24    or obtaining money, property, or credit by false pretenses
25    or by means of a confidence game, or that is directly
26    related to the practice of the profession.



10000SB1818sam002- 17 -LRB100 07934 SMS 25190 a

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



10000SB1818sam002- 18 -LRB100 07934 SMS 25190 a

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



10000SB1818sam002- 19 -LRB100 07934 SMS 25190 a

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



10000SB1818sam002- 20 -LRB100 07934 SMS 25190 a

1    participation in the firm.
2        (27) Failing to make available to the Department at the
3    time of the request any indicia of licensure or
4    registration issued under this Act.
5        (28) Failing to maintain and deposit funds belonging to
6    a community association in accordance with subsection (b)
7    of Section 55 of this Act.
8        (29) Violating the terms of a disciplinary order issued
9    by the Department.
10        (30) Operating a community association management firm
11    without a licensed designated community association
12    manager.
13        (31) Failing to meet the requirements for acting as a
14    designated community association manager, if appropriate.
15    (b) In accordance with subdivision (a)(5) of Section
162105-15 of the Department of Professional Regulation Law of the
17Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
18the Department shall deny a license or renewal authorized by
19this Act to a person who has defaulted on an educational loan
20or scholarship provided or guaranteed by the Illinois Student
21Assistance Commission or any governmental agency of this State.
22    (c) The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission, as
24provided in the Mental Health and Developmental Disabilities
25Code, operates as an automatic suspension. The suspension will
26terminate only upon a finding by a court that the patient is no



10000SB1818sam002- 21 -LRB100 07934 SMS 25190 a

1longer subject to involuntary admission or judicial admission
2and the issuance of an order so finding and discharging the
3patient, and upon the recommendation of the Board to the
4Secretary that the licensee be allowed to resume his or her
5practice as a licensed community association manager.
6    (d) In accordance with subsection (g) of Section 2105-15 of
7the Department of Professional Regulation Law of the Civil
8Administrative Code of Illinois (20 ILCS 2105/2105-15), the
9Department may refuse to issue or renew or may suspend the
10license of any person who fails to file a return, to pay the
11tax, penalty, or interest shown in a filed return, or to pay
12any final assessment of tax, penalty, or interest, as required
13by any tax Act administered by the Department of Revenue, until
14such time as the requirements of that tax Act are satisfied.
15    (e) In accordance with subdivision (a)(5) of Section
162105-15 of the Department of Professional Regulation Law of the
17Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
18and in cases where the Department of Healthcare and Family
19Services (formerly Department of Public Aid) has previously
20determined that a licensee or a potential licensee is more than
2130 days delinquent in the payment of child support and has
22subsequently certified the delinquency to the Department may
23refuse to issue or renew or may revoke or suspend that person's
24license or may take other disciplinary action against that
25person based solely upon the certification of delinquency made
26by the Department of Healthcare and Family Services.



10000SB1818sam002- 22 -LRB100 07934 SMS 25190 a

1    (f) In enforcing this Section, the Department or Board upon
2a showing of a possible violation may compel a licensee or an
3individual licensed to practice under this Act, or who has
4applied for licensure under this Act, to submit to a mental or
5physical examination, or both, as required by and at the
6expense of the Department. The Department or Board may order
7the examining physician to present testimony concerning the
8mental or physical examination of the licensee or applicant. No
9information shall be excluded by reason of any common law or
10statutory privilege relating to communications between the
11licensee or applicant and the examining physician. The
12examining physicians shall be specifically designated by the
13Board or Department. The individual to be examined may have, at
14his or her own expense, another physician of his or her choice
15present during all aspects of this examination. Failure of an
16individual to submit to a mental or physical examination, when
17directed, shall be grounds for suspension of his or her license
18or denial of his or her application or renewal until the
19individual submits to the examination if the Department finds,
20after notice and hearing, that the refusal to submit to the
21examination was without reasonable cause.
22    If the Department or Board finds an individual unable to
23practice because of the reasons set forth in this Section, the
24Department or Board may require that individual to submit to
25care, counseling, or treatment by physicians approved or
26designated by the Department or Board, as a condition, term, or



10000SB1818sam002- 23 -LRB100 07934 SMS 25190 a

1restriction for continued, reinstated, or renewed licensure to
2practice; or, in lieu of care, counseling, or treatment, the
3Department may file, or the Board may recommend to the
4Department to file, a complaint to immediately suspend, revoke,
5deny, or otherwise discipline the license of the individual. An
6individual whose license was granted, continued, reinstated,
7renewed, disciplined or supervised subject to such terms,
8conditions, or restrictions, and who fails to comply with such
9terms, conditions, or restrictions, shall be referred to the
10Secretary for a determination as to whether the individual
11shall have his or her license suspended immediately, pending a
12hearing by the Department.
13    In instances in which the Secretary immediately suspends a
14person's license under this Section, a hearing on that person's
15license must be convened by the Department within 30 days after
16the suspension and completed without appreciable delay. The
17Department and Board shall have the authority to review the
18subject individual's record of treatment and counseling
19regarding the impairment to the extent permitted by applicable
20federal statutes and regulations safeguarding the
21confidentiality of medical records.
22    An individual licensed under this Act and affected under
23this Section shall be afforded an opportunity to demonstrate to
24the Department or Board that he or she can resume practice in
25compliance with acceptable and prevailing standards under the
26provisions of his or her license.



10000SB1818sam002- 24 -LRB100 07934 SMS 25190 a

1(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
298-756, eff. 7-16-14.)
3    (225 ILCS 427/90)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 90. Violations; injunctions; cease and desist orders.
6    (a) If any person violates a provision of this Act, the
7Secretary may, in the name of the People of the State of
8Illinois, through the Attorney General of the State of
9Illinois, petition for an order enjoining the violation or for
10an order enforcing compliance with this Act. Upon the filing of
11a verified petition in court, the court may issue a temporary
12restraining order, without notice or bond, and may
13preliminarily and permanently enjoin the violation. If it is
14established that the person has violated or is violating the
15injunction, the Court may punish the offender for contempt of
16court. Proceedings under this Section are in addition to, and
17not in lieu of, all other remedies and penalties provided by
18this Act.
19    (b) If any person, entity or other business may provide
20community association management services or provide services
21as community association manager to any community association
22in this State without having a valid license under this Act or
23without a designated community association manager for a
24community association management firm, then any licensee, any
25interested party or any person injured thereby may, in addition



10000SB1818sam002- 25 -LRB100 07934 SMS 25190 a

1to the Secretary, petition for relief as provided in subsection
2(a) of this Section.
3    (c) Whenever in the opinion of the Department any person,
4entity or other business violates any provision of this Act,
5the Department may issue a rule to show cause why an order to
6cease and desist should not be entered against such person,
7firm or other entity. The rule shall clearly set forth the
8grounds relied upon by the Department and shall provide a
9period of at least 7 days from the date of the rule to file an
10answer to the satisfaction of the Department. If the person,
11firm or other entity fails to file an answer satisfactory to
12the Department, the matter shall be considered as a default and
13the Department may cause an order to cease and desist to be
14issued immediately.
15(Source: P.A. 96-726, eff. 7-1-10.)
16    (225 ILCS 427/92)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 92. Unlicensed practice; violation; civil penalty.
19    (a) Any person, entity or other business who practices,
20offers to practice, attempts to practice, or holds himself,
21herself or itself out to practice as a community association
22manager or community association management firm or provide
23services as a community association manager or community
24association management firm to any community association in
25this State without being licensed under this Act or without a



10000SB1818sam002- 26 -LRB100 07934 SMS 25190 a

1designated community association manager for a community
2association management firm shall, in addition to any other
3penalty provided by law, pay a civil penalty to the Department
4in an amount not to exceed $10,000 for each offense, as
5determined by the Department. The civil penalty shall be
6assessed by the Department after a hearing is held in
7accordance with the provisions set forth in this Act regarding
8the provision of a hearing for the discipline of a licensee.
9    (b) The Department may investigate any and all unlicensed
11    (c) The civil penalty shall be paid within 60 days after
12the effective date of the order imposing the civil penalty. The
13order shall constitute a judgment and may be filed and
14execution had thereon in the same manner as any judgment from
15any court of record.
16(Source: P.A. 98-365, eff. 1-1-14.)
17    (225 ILCS 427/155)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 155. Violations; penalties.
20    (a) A person who violates any of the following provisions
21shall be guilty of a Class A misdemeanor; a person who commits
22a second or subsequent violation of these provisions is guilty
23of a Class 4 felony:
24        (1) The practice of or attempted practice of or holding
25    out as available to practice as a community association



10000SB1818sam002- 27 -LRB100 07934 SMS 25190 a

1    manager or supervising community association manager
2    without a license.
3        (2) Operation of or attempt to operate a community
4    association management firm without a firm license or a
5    designated supervising community association manager.
6        (3) The obtaining of or the attempt to obtain any
7    license or authorization issued under this Act by
8    fraudulent misrepresentation.
9    (b) Whenever a licensee is convicted of a felony related to
10the violations set forth in this Section, the clerk of the
11court in any jurisdiction shall promptly report the conviction
12to the Department and the Department shall immediately revoke
13any license authorized under this Act held by that licensee.
14The licensee shall not be eligible for licensure under this Act
15until at least 10 years have elapsed since the time of full
16discharge from any sentence imposed for a felony conviction. If
17any person in making any oath or affidavit required by this Act
18swears falsely, the person is guilty of perjury and may be
19punished accordingly.
20(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
21    (225 ILCS 427/165)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 165. Home rule. The regulation and licensing of
24community association managers, supervising community
25association managers, and community association management



10000SB1818sam002- 28 -LRB100 07934 SMS 25190 a

1firms are exclusive powers and functions of the State. A home
2rule unit may not regulate or license community association
3managers, supervising community association managers, or
4community association management firms. This Section is a
5denial and limitation of home rule powers and functions under
6subsection (h) of Section 6 of Article VII of the Illinois
8(Source: P.A. 98-365, eff. 1-1-14.)
9    (225 ILCS 427/42 rep.)
10    Section 10. The Community Association Manager Licensing
11and Disciplinary Act is amended by repealing Section 42.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".