Sen. Pamela J. Althoff
Filed: 3/10/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1818 




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8 (Section scheduled to be repealed on January 1, 2020)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5 (Section scheduled to be repealed on January 1, 2020)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 
4Act.

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 
23first.

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 
21occur:
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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1suspension. 
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 
23licensee.
24 (b) The Department may investigate any and all unlicensed 
25activity.
 
 
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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 
17Constitution. 

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 
2350.


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