Sen. Pamela J. Althoff
Filed: 4/24/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1818




2 AMENDMENT NO. ______. Amend Senate Bill 1818, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


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9 (Section scheduled to be repealed on January 1, 2020)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 
 
 
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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6 (Section scheduled to be repealed on January 1, 2020)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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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.
 
 
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1 (d) The Board shall elect annually a chairperson and vice 
2chairperson.
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 
14duties:
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 
 
 
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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 
23firm.
24 (b) Any corporation, partnership, limited liability 
25company, or other legal entity that is providing, or offering 
 
 
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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 
 
 
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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 
 
 
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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 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)
 
 
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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 or any community association firm operating without a 
25designated community association manager shall not provide 
26community association management services as set forth in this 
 
 
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1Act.
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 
 
 
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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)

 
 
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1 (Section scheduled to be repealed on January 1, 2020)
2 Sec. 85. Grounds for discipline; refusal, revocation, or 
3suspension. 
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.
 
 
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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.
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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.
 
 
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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 
 
 
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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. 

 
 
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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 
 
 
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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 
 
 
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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 
10activity.
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 
 
 
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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 
 
 
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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 
7Constitution. 

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.".