Full Text of SB1646 98th General Assembly
SB1646 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1646 Introduced 2/13/2013, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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Amends the Condominium Property Act. Makes a technical change in a Section concerning standards for community association managers.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Condominium Property Act is amended by | 5 | | changing Section 18.7 as follows: | 6 | | (765 ILCS 605/18.7) | 7 | | Sec. 18.7. Standards for community association managers. | 8 | | (a) "Community association" means an an association in | 9 | | which membership is a condition of ownership or shareholder | 10 | | interest of a unit in a condominium, cooperative, townhouse, | 11 | | villa, or other residential unit that is part of a residential | 12 | | development plan as a master association or common interest | 13 | | community and that is authorized to impose an assessment and | 14 | | other costs that may become a lien on the unit or lot. | 15 | | (b) "Community association manager" means an individual | 16 | | who administers for compensation the coordination of | 17 | | financial, administrative, maintenance, or other duties called | 18 | | for in the management contract, including individuals who are | 19 | | direct employees of a community association. A manager does not | 20 | | include support staff, such as bookkeepers, administrative | 21 | | assistants, secretaries, property inspectors, or customer | 22 | | service representatives. | 23 | | (c) Requirements. To perform services as a community |
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| 1 | | association manager, an individual must meet these | 2 | | requirements: | 3 | | (1) shall have attained the age of 21 and be a citizen | 4 | | or legal permanent resident of the United States; | 5 | | (2) shall not have been convicted of forgery, | 6 | | embezzlement, obtaining money under false pretenses, | 7 | | larceny, extortion, conspiracy to defraud or other similar | 8 | | offense or offenses; | 9 | | (3) shall have a working knowledge of the fundamentals | 10 | | of community association management, including the | 11 | | Condominium Property Act, the Illinois Not-for-Profit | 12 | | Corporation Act, and any other laws pertaining to community | 13 | | association management; and | 14 | | (4) shall not have engaged in the following activities: | 15 | | failure to cooperate with any law enforcement agency in the | 16 | | investigation of a complaint; or failure to produce any | 17 | | document, book, or record in the possession or control of | 18 | | the community association manager after a request for | 19 | | production of that document, book, or record in the course | 20 | | of an investigation of a complaint. | 21 | | (d) Access to community association funds. For community | 22 | | associations of 6 or more units, apartments, townhomes, villas | 23 | | or other residential units, a community association manager or | 24 | | the firm with whom the manager is employed shall not solely and | 25 | | exclusively have access to and disburse funds of a community | 26 | | association unless: |
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| 1 | | (1) There is a fidelity bond in place. | 2 | | (2) The fidelity bond is in an amount not less than all | 3 | | monies of that association in the custody or control of the | 4 | | community association manager. | 5 | | (3) The fidelity bond covers the community association | 6 | | manager and all partners, officers, and employees of the | 7 | | firm with whom the community association manager is | 8 | | employed during the term of the bond, as well as the | 9 | | community association officers, directors, and employees | 10 | | of the community association who control or disburse funds. | 11 | | (4) The insurance company issuing the bond may not | 12 | | cancel or refuse to renew the bond without giving not less | 13 | | than 10 days' prior written notice to the community | 14 | | association. | 15 | | (5) The community association shall secure and pay for | 16 | | the bond. | 17 | | (e) A community association manager who provides community | 18 | | association management services for more than one community | 19 | | association shall maintain separate, segregated accounts for | 20 | | each community association. The funds shall not, in any event, | 21 | | be commingled with funds of the community association manager, | 22 | | the firm of the community association manager, or any other | 23 | | community association. The maintenance of these accounts shall | 24 | | be custodial, and the accounts shall be in the name of the | 25 | | respective community association. | 26 | | (f) Exempt persons. Except as otherwise provided, this |
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| 1 | | Section does not apply to any person acting as a receiver, | 2 | | trustee in bankruptcy, administrator, executor, or guardian | 3 | | acting under a court order or under the authority of a will or | 4 | | of a trust instrument. | 5 | | (g) Right of Action. | 6 | | (1) Nothing in this amendatory Act of the 95th General | 7 | | Assembly shall create a cause of action by a unit owner, | 8 | | shareholder, or community association member against a | 9 | | community association manager or the firm of a community | 10 | | association manager. | 11 | | (2) This amendatory Act of the 95th General Assembly | 12 | | shall not impair any right of action by a unit owner or | 13 | | shareholder against a community association board of | 14 | | directors under existing law.
| 15 | | (Source: P.A. 95-318, eff. 1-1-08.)
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