Full Text of HB0595 98th General Assembly
HB0595enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Community Association Manager Licensing and | 5 | | Disciplinary Act is amended by changing Sections 5, 10, 15, 20, | 6 | | 25, 27, 32, 40, 50, 55, 60, 65, 70, 75, 85, 87, 92, 135, 155, | 7 | | and 165 and by adding Section 42 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| 9 | | (Section scheduled to be repealed on January 1, 2020) | 10 | | Sec. 5.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 | 11 | | Assembly that this Act provide for the licensing and regulation | 12 | | of managers of community association managers and community | 13 | | association management firms associations , ensure that those | 14 | | who hold themselves out as possessing professional | 15 | | qualifications to engage in the business provision of community | 16 | | association management services are, in fact, qualified to | 17 | | render management services of a professional nature, and | 18 | | provide for the maintenance of high standards of professional | 19 | | conduct by those licensed to provide as community association | 20 | | management services managers .
| 21 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 22 | | (225 ILCS 427/10)
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| 1 | | (Section scheduled to be repealed on January 1, 2020) | 2 | | Sec. 10. Definitions. As used in this Act: | 3 | | "Address of record" means the designated address recorded | 4 | | by the Department in the applicant's or licensee's application | 5 | | file or license file maintained by the Department's licensure | 6 | | maintenance unit. It is the duty of the applicant or licensee | 7 | | to inform the Department of any change of address, and such | 8 | | changes must be made either through the Department's website or | 9 | | by contacting the Department's licensure maintenance unit. | 10 | | "Advertise" means, but is not limited to, issuing or | 11 | | causing to be distributed any card, sign or device to any | 12 | | person; or causing, permitting or allowing any sign or marking | 13 | | on or in any building, structure, newspaper, magazine or | 14 | | directory, or on radio or television; or advertising by any | 15 | | other means designed to secure public attention. | 16 | | "Board" means the Illinois Community Association Manager | 17 | | Licensing and Disciplinary Board. | 18 | | "Community association" means an association in which | 19 | | membership is a condition of ownership or shareholder interest | 20 | | of a unit in a condominium, cooperative, townhouse, villa, or | 21 | | other residential unit which is part of a residential | 22 | | development plan and that is authorized to impose an | 23 | | assessment, rents, or other costs that may become a lien on the | 24 | | unit or lot. | 25 | | "Community association funds" means any assessments, fees, | 26 | | fines, or other funds collected by the community association |
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| 1 | | manager from the community association, or its members, other | 2 | | than the compensation paid to the community association manager | 3 | | for performance of community association management services. | 4 | | "Community association management firm" means a company, | 5 | | corporation, limited liability company, or other entity that | 6 | | engages in community association management services. | 7 | | "Community association management services" means those | 8 | | services listed in the definition of community association | 9 | | manager in this Section. | 10 | | "Community Association Management Agency" means a company, | 11 | | firm, corporation, limited liability company, or other entity | 12 | | that engages in the community association management business | 13 | | and employs, in addition to the licensee-in-charge, at least | 14 | | one other person in conducting such business. | 15 | | "Community association manager" means an individual who | 16 | | administers for remuneration the financial, administrative, | 17 | | maintenance, or other duties for the community association, | 18 | | including the following services: (A) collecting, controlling | 19 | | or disbursing funds of the community association or having the | 20 | | authority to do so; (B) preparing budgets or other financial | 21 | | documents for the community association; (C) assisting in the | 22 | | conduct of community association meetings; (D) maintaining | 23 | | association records; and (E) administrating association | 24 | | contracts, as stated in the declaration, bylaws, proprietary | 25 | | lease, declaration of covenants, or other governing document of | 26 | | the community association. "Community association manager" |
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| 1 | | does not mean support staff, including, but not limited to | 2 | | bookkeepers, administrative assistants, secretaries, property | 3 | | inspectors, or customer service representatives. | 4 | | "Department" means the Department of Financial and | 5 | | Professional Regulation. | 6 | | "License" means the license issued to a person , | 7 | | corporation, partnership, limited liability company, or other | 8 | | legal entity to act as a community association manager under | 9 | | this Act to provide community association management services | 10 | | or other authority to practice issued under this Act . | 11 | | "Person" means any individual, firm, corporation, | 12 | | partnership, limited liability company, or other legal entity | 13 | | organization, or body politic . | 14 | | "Licensee-in-charge" means a person licensed as a | 15 | | community association manager who has been designated by a | 16 | | Community Association Management Agency as the full-time | 17 | | management employee or owner who assumes sole responsibility | 18 | | for maintaining all records required by this Act and who | 19 | | assumes sole responsibility for assuring the licensed agency's | 20 | | compliance with its responsibilities as stated in the Act. | 21 | | "Secretary" means the Secretary of Financial and | 22 | | Professional Regulation.
| 23 | | "Supervising community association manager" means an | 24 | | individual licensed as a community association manager who | 25 | | manages and supervises a firm. | 26 | | (Source: P.A. 96-726, eff. 7-1-10 .) |
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| 1 | | (225 ILCS 427/15)
| 2 | | (Section scheduled to be repealed on January 1, 2020) | 3 | | Sec. 15. License required. It Beginning 12 months after the | 4 | | adoption of rules providing for the licensure of a community | 5 | | association manager in Illinois under this Act, it shall be | 6 | | unlawful for any person, corporation, partnership, limited | 7 | | liability company, or other entity , or other business to | 8 | | provide community association management services , or provide | 9 | | services as a community association manager , or hold himself, | 10 | | herself, or itself out as a community association manager or | 11 | | community association management firm to any community | 12 | | association in this State, unless he , or she , or it holds a | 13 | | current and valid license issued licensed by the Department or | 14 | | is otherwise exempt from licensure under this Act.
| 15 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 16 | | (225 ILCS 427/20)
| 17 | | (Section scheduled to be repealed on January 1, 2020) | 18 | | Sec. 20. Exemptions. | 19 | | (a) The requirement for holding a license under this This | 20 | | Act shall does not apply to any of the following: | 21 | | (1) Any director, officer, or member of a community | 22 | | association providing one or more of the services of a | 23 | | community association manager to a community association | 24 | | without compensation for such services to the association. |
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| 1 | | (2) Any person , corporation, partnership, or limited | 2 | | liability company providing one or more of the services of | 3 | | a community association manager to a community association | 4 | | of 10 units or less. | 5 | | (3) A licensed attorney acting solely as an incident to
| 6 | | the practice of law. | 7 | | (4) A person acting as a receiver, trustee in | 8 | | bankruptcy, administrator, executor, or guardian acting | 9 | | under a court order or under the authority of a will or of | 10 | | a trust instrument. | 11 | | (5) A person licensed in this State under any other Act | 12 | | from engaging the practice for which he or she is licensed. | 13 | | (b) A licensed community association manager may not | 14 | | perform or engage in any activities for which a real estate | 15 | | managing broker or real estate broker's salesperson's license | 16 | | is required under
the Real Estate License Act of 2000, unless | 17 | | he or she also possesses a current and valid license under the | 18 | | Real Estate License Act of 2000 and is providing those services | 19 | | as provided for in the Real Estate License Act of 2000 and the | 20 | | applicable rules.
| 21 | | (c) A person may temporarily act as, or provide services | 22 | | as, a community association manager without being licensed | 23 | | under this Act if the person (i) is a community association | 24 | | manager regulated under the laws of another state or territory | 25 | | of the United States or another country and (ii) has applied in | 26 | | writing to the Department, on forms prepared and furnished by |
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| 1 | | the Department, for licensure under this Act . This temporary | 2 | | right to act as a community association manager shall expire , | 3 | | but only until the expiration of 6 months after the filing of | 4 | | his or her written application to the Department ; , his or upon | 5 | | the her withdrawal of the application for licensure under this | 6 | | Act; or upon delivery of , he or she has received a notice of | 7 | | intent to deny the application from the Department ; , or upon | 8 | | the denial of the application by the Department , whichever | 9 | | occurs first .
| 10 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 11 | | (225 ILCS 427/25)
| 12 | | (Section scheduled to be repealed on January 1, 2020) | 13 | | Sec. 25. Community Association Manager Licensing and | 14 | | Disciplinary Board. | 15 | | (a) There is hereby created the Community Association | 16 | | Manager Licensing and Disciplinary Board, which shall consist | 17 | | of 7 members appointed by the Secretary. All members must be | 18 | | residents of the State and must have resided in the State for | 19 | | at least 5 years immediately preceding the date of appointment. | 20 | | Five members of the Board must be licensees under this Act, at | 21 | | least two members of which shall be supervising community | 22 | | association managers except that, initially, these members | 23 | | must meet the qualifications for licensure and have obtained a | 24 | | license within 6 months after the effective date of this Act . | 25 | | Two members of the Board shall be owners of, or hold a |
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| 1 | | shareholder's interest in, shareholders of a unit in a | 2 | | community association at the time of appointment who are not | 3 | | licensees under this Act and have no direct affiliation or work | 4 | | experience with the community association's community | 5 | | association manager. This Board shall act in an advisory | 6 | | capacity to the Department. | 7 | | (b) Board members shall serve for terms of 5 years, except | 8 | | that, initially, 4 members shall serve for 5 years and 3 | 9 | | members shall serve for 4 years. All members shall serve until
| 10 | | his or her successor is appointed and qualified. All vacancies | 11 | | shall be filled in like manner for the unexpired term. No | 12 | | member shall serve for more than 2 successive terms. The | 13 | | Secretary shall remove from the Board any member whose license | 14 | | has become void or has been revoked or suspended and may remove | 15 | | any member of the Board for neglect of duty, misconduct, or | 16 | | incompetence. A member who is subject to formal disciplinary | 17 | | proceedings shall disqualify himself or herself from all Board | 18 | | business until the charge is resolved. A member also shall | 19 | | disqualify himself or herself from any matter on which the | 20 | | member cannot act objectively. | 21 | | (c) Four Board members shall constitute a quorum. A quorum | 22 | | is required for all Board decisions. | 23 | | (d) The Board shall may elect annually a chairperson and | 24 | | vice chairperson. | 25 | | (e) Each member shall receive reimbursement as set by the | 26 | | Governor's Travel Control Board for expenses incurred in |
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| 1 | | carrying out the duties as a Board member. The Board shall be | 2 | | compensated as determined by the Secretary. | 3 | | (f) The Board may recommend policies, procedures, and rules | 4 | | relevant to the administration and enforcement of this Act.
| 5 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 6 | | (225 ILCS 427/27)
| 7 | | (Section scheduled to be repealed on January 1, 2020) | 8 | | Sec. 27. Immunity from Liability. Any member of the Board, | 9 | | any attorney providing
advice to the Board or Department, any | 10 | | person acting as a consultant to the Board or Department, and | 11 | | any witness testifying in a proceeding authorized under this | 12 | | Act, excluding the party making the complaint, shall be immune | 13 | | from liability in any civil action brought against him or her | 14 | | for acts occurring while acting in his or her capacity as a | 15 | | Board member, attorney, consultant, or witness, respectively, | 16 | | unless the conduct that gave rise to the action was willful or | 17 | | wanton misconduct.
| 18 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 19 | | (225 ILCS 427/32)
| 20 | | (Section scheduled to be repealed on January 1, 2020) | 21 | | Sec. 32. Social Security Number or Federal Tax | 22 | | Identification Number on license application. In addition to | 23 | | any other information required to be contained in the | 24 | | application, every application for an original license under |
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| 1 | | this Act shall include the applicant's Social Security Number | 2 | | or Federal Tax Identification Number , which shall be retained | 3 | | in the Department's agency's records pertaining to the license. | 4 | | As soon as practical, the Department shall assign a customer's | 5 | | identification number to each applicant for a license. | 6 | | Every application for a renewal or restored license shall | 7 | | require the applicant's customer identification number.
| 8 | | (Source: P.A. 96-726, eff. 7-1-10; 97-400, eff. 1-1-12.) | 9 | | (225 ILCS 427/40)
| 10 | | (Section scheduled to be repealed on January 1, 2020) | 11 | | Sec. 40. Qualifications for licensure as a community | 12 | | association manager. | 13 | | (a) No person shall be qualified for licensure as a | 14 | | community association manager under this Act, unless he or she | 15 | | has applied in writing on the prescribed forms and has paid the | 16 | | required, nonrefundable fees and meets all of the following | 17 | | qualifications: | 18 | | (1) He or she is at least 21 years of age. | 19 | | (2) He or she provides satisfactory evidence of having | 20 | | completed at least 20 classroom hours in community | 21 | | association management courses approved by the Board. | 22 | | (3) He or she has passed an examination authorized by | 23 | | the Department.
| 24 | | (4) He or she has not committed an act or acts, in this | 25 | | or any other jurisdiction, that would be a violation of |
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| 1 | | this Act. | 2 | | (5) He or she is of good moral character. In | 3 | | determining moral character under this Section, the | 4 | | Department may take into consideration whether the | 5 | | applicant has engaged in conduct or activities that would | 6 | | constitute grounds for discipline under this Act. Good | 7 | | moral character is a continuing requirement of licensure. | 8 | | Conviction of crimes may be used in determining moral | 9 | | character, but shall not constitute an absolute bar to | 10 | | licensure. | 11 | | (6) He or she has not been declared by any court of | 12 | | competent jurisdiction to be incompetent by reason of | 13 | | mental or physical defect or disease, unless a court has | 14 | | subsequently declared him or her to be competent. | 15 | | (7) He or she complies with any additional | 16 | | qualifications for licensure as determined by rule of the | 17 | | Department. | 18 | | (b) The education requirement set forth in item (2) of | 19 | | subsection (a) of this Section shall not apply to persons | 20 | | holding a real estate managing broker or real estate broker | 21 | | salesperson license in good standing issued under the Real | 22 | | Estate License Act of 2000. | 23 | | (c) The examination and initial education requirement of | 24 | | items (2) and (3) of subsection (a) of this Section shall not | 25 | | apply to any person who within 6 months from the effective date | 26 | | of the requirement for licensure, as set forth in Section 170 |
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| 1 | | of this Act, applies for a license by providing satisfactory | 2 | | evidence to the Department of qualifying experience or | 3 | | education, as may be set forth by rule, including without | 4 | | limitation evidence that he or she has (i) practiced community | 5 | | association management for a period of 5 years or (ii) achieved | 6 | | a designation awarded by recognized community association | 7 | | management organizations in the State . | 8 | | (d) Applicants have 3 years from the date of application to | 9 | | complete the application process. If the process has not been | 10 | | completed within the 3 years, the application shall be denied, | 11 | | the fee shall be forfeited, and the applicant must reapply and | 12 | | meet the requirements in effect at the time of re-application.
| 13 | | (Source: P.A. 96-726, eff. 7-1-10; 96-993, eff. 7-2-10.) | 14 | | (225 ILCS 427/42 new) | 15 | | (Section scheduled to be repealed on January 1, 2020) | 16 | | Sec. 42. Qualifications for licensure as a supervising | 17 | | community association manager. | 18 | | (a) No person shall be qualified for licensure as a | 19 | | supervising community association manager under this Act | 20 | | unless he or she has applied in writing on the prescribed | 21 | | forms, has paid the required nonrefundable fees, and meets all | 22 | | of the following qualifications: | 23 | | (1) He or she is at least 21 years of age. | 24 | | (2) He or she has been licensed at least one out of the | 25 | | last 2 preceding years as a community association manager. |
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| 1 | | (3) He or she provides satisfactory evidence of having | 2 | | completed at least 30 classroom hours in community | 3 | | association management courses approved by the Board, 20 | 4 | | hours of which shall be those pre-license hours required to | 5 | | obtain a community association manager license, and 10 | 6 | | additional hours completed the year immediately preceding | 7 | | the filing of the application for a supervising community | 8 | | association manager license, which shall focus on | 9 | | community association administration, management, and | 10 | | supervision. | 11 | | (4) He or she has passed an examination authorized by | 12 | | the Department. | 13 | | (5) He or she has not committed an act or acts, in this | 14 | | or any other jurisdiction, that would be a violation of | 15 | | this Act. | 16 | | (6) He or she is of good moral character. In | 17 | | determining moral character under this Section, the | 18 | | Department may take into consideration whether the | 19 | | applicant has engaged in conduct or activities that would | 20 | | constitute grounds for discipline under this Act. Good | 21 | | moral character is a continuing requirement of licensure. | 22 | | Conviction of crimes may be used in determining moral | 23 | | character, but shall not constitute an absolute bar to | 24 | | licensure. | 25 | | (7) He or she has not been declared by any court of | 26 | | competent jurisdiction to be incompetent by reason of |
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| 1 | | mental or physical defect or disease, unless a court has | 2 | | subsequently declared him or her to be competent. | 3 | | (8) He or she complies with any additional | 4 | | qualifications for licensure as determined by rule of the | 5 | | Department. | 6 | | (b) The initial 20-hour education requirement set forth in | 7 | | item (3) of subsection (a) of this Section shall not apply to | 8 | | persons holding a real estate managing broker or real estate | 9 | | broker license in good standing issued under the Real Estate | 10 | | License Act of 2000. The 10 additional hours required for | 11 | | licensure under this Section shall not apply to persons holding | 12 | | a real estate managing broker license in good standing issued | 13 | | under the Real Estate License Act of 2000. | 14 | | (c) The examination and initial education requirement of | 15 | | items (3) and (4) of subsection (a) of this Section shall not | 16 | | apply to any person who, within 6 months after the effective | 17 | | date of the requirement for licensure, as set forth in Section | 18 | | 170 of this Act, applies for a license by providing | 19 | | satisfactory evidence to the Department of qualifying | 20 | | experience or education, as may be set forth by rule, including | 21 | | without limitation, evidence that he or she has practiced | 22 | | community association management for a period of 7 years. | 23 | | (d) Applicants have 3 years after the date of application | 24 | | to complete the application process. If the process has not | 25 | | been completed within the 3 years, the application shall be | 26 | | denied, the fee shall be forfeited, and the applicant must |
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| 1 | | reapply and meet the requirements in effect at the time of | 2 | | re-application. | 3 | | (225 ILCS 427/50)
| 4 | | (Section scheduled to be repealed on January 1, 2020) | 5 | | Sec. 50. Community association management firm Association | 6 | | Management Agency .
| 7 | | (a) No firm, corporation, partnership, limited liability | 8 | | company, or other legal entity shall provide or offer to | 9 | | provide community association management services, unless it | 10 | | has applied in writing on the prescribed forms and has paid the | 11 | | required nonrefundable fees and provided evidence to the | 12 | | Department that the firm has designated a licensed supervising | 13 | | community association manager to supervise and manage the firm. | 14 | | A designated supervising community association manager shall | 15 | | be a continuing requirement of firm licensure. No supervising | 16 | | community association manager may be the supervising community | 17 | | association manager for more than one firm. such services are | 18 | | provided through: | 19 | | (1) an employee or independent contractor who is | 20 | | licensed under this Act; | 21 | | (2) a natural person who is acting under the direct | 22 | | supervision of an employee of such firm, corporation, | 23 | | limited liability company, or other legal entity that is | 24 | | licensed under this Act; or | 25 | | (3) a natural person who is legally authorized to |
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| 1 | | provide such services. | 2 | | (b) Any firm, corporation, partnership, limited liability | 3 | | company, or other legal entity that is providing, or offering | 4 | | to provide, community association management services and is | 5 | | not in compliance with Section 50 and other the provisions of | 6 | | this Act shall be subject to the fines, injunctions, cease and | 7 | | desist provisions, and penalties provided for in Sections 90, | 8 | | 92, and 155 of this Act. | 9 | | (c) No community association manager may be the | 10 | | licensee-in-charge for more than one firm, corporation, | 11 | | limited liability company, or other legal entity.
| 12 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 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 supervising community association manager or the | 17 | | community association management firm A community association | 18 | | manager or the Community Association Management Agency with | 19 | | which he or she is employed shall not have access to and | 20 | | disburse community association funds of a community | 21 | | association unless each of the following conditions occur: | 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 community association manager or the employing | 2 | | community association management firm Community | 3 | | Association Management Agency for the association. | 4 | | (3) The fidelity insurance covers the community | 5 | | association manager , supervising community association | 6 | | manager, and all partners, officers, and employees of the | 7 | | community association management firm Community | 8 | | Association Management Agency with whom he or she is | 9 | | employed during the term of the insurance coverage, which | 10 | | shall be at least for the same term as the service | 11 | | agreement between the community association management | 12 | | firm or supervising community association manager as well | 13 | | as the community association officers, directors, and | 14 | | employees. | 15 | | (4) The insurance company issuing the fidelity | 16 | | insurance may not cancel or refuse to renew the bond | 17 | | without giving at least 10 days' prior written notice. | 18 | | (5) Unless an agreement between the community | 19 | | association and the supervising community association | 20 | | manager or the community association management firm | 21 | | Community Association Management Agency provides to the | 22 | | contrary, a community association may secure and pay the | 23 | | Association secures and pays for the fidelity insurance | 24 | | required by this Section . The supervising community | 25 | | association manager or the community association | 26 | | management firm community association manager and the |
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| 1 | | Community Association Management Agency must be named as | 2 | | additional insured parties on the community association | 3 | | policy. | 4 | | (b) A community association management firm manager or | 5 | | Community Association Management Agency that provides | 6 | | community association management services for more than one | 7 | | community association shall maintain separate, segregated | 8 | | accounts for each community association or, with the consent of | 9 | | the community association, combine the accounts of one or more | 10 | | community associations, but in that event, separately account | 11 | | for the funds of each community association. The funds shall | 12 | | not, in any event, be commingled with the supervising community | 13 | | association manager's or community association management | 14 | | firm's Community Association Management Agency's funds. The | 15 | | maintenance of such accounts shall be custodial, and such | 16 | | accounts shall be in the name of the respective community | 17 | | association or community association manager or Community | 18 | | Association Management Agency as the agent for the association. | 19 | | (c) The supervising community association manager or | 20 | | community association management firm Community Association | 21 | | Management Agency shall obtain the appropriate general | 22 | | liability and errors and omissions insurance, as determined by | 23 | | the Department, to cover any losses or claims against the | 24 | | supervising community association manager or the community | 25 | | association management firm community association clients . | 26 | | (d) The Department shall have authority to promulgate |
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| 1 | | additional rules regarding insurance, fidelity insurance and | 2 | | all accounts maintained and to be maintained by a supervising | 3 | | community association manager or community association | 4 | | management firm Community Association Management Agency .
| 5 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 6 | | (225 ILCS 427/60)
| 7 | | (Section scheduled to be repealed on January 1, 2020) | 8 | | Sec. 60. Licenses; renewals; restoration; person in | 9 | | military service. | 10 | | (a) The expiration date and renewal period for each license | 11 | | issued under this Act shall be set by rule. The Department may | 12 | | promulgate rules requiring continuing education and set all | 13 | | necessary requirements for such, including but not limited to | 14 | | fees, approved coursework, number of hours, and waivers of | 15 | | continuing education. | 16 | | (b) Any licensee who has permitted his , or her , or its | 17 | | license to expire may have the license restored by making | 18 | | application to the Department and filing proof acceptable to | 19 | | the Department of fitness to have his , or her , or its license | 20 | | restored, by which may include sworn evidence certifying to | 21 | | active practice in another jurisdiction satisfactory to the | 22 | | Department, complying with any continuing education | 23 | | requirements, and paying the required restoration fee. | 24 | | (c) If the person has not maintained an active practice in | 25 | | another jurisdiction satisfactory to the Department, the |
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| 1 | | Department shall determine, by an evaluation program | 2 | | established by rule, the person's fitness to resume active | 3 | | status and may require the person to complete a period of | 4 | | evaluated clinical experience and successful completion of a | 5 | | practical examination.
However, any person whose license | 6 | | expired while (i) in federal service on active duty with the | 7 | | Armed Forces of the United States or called into service or | 8 | | training with the State Militia or (ii) in training or | 9 | | education under the supervision of the United States | 10 | | preliminary to induction into the military service may have his | 11 | | or her license renewed or restored without paying any lapsed | 12 | | renewal fees if, within 2 years after honorable termination of | 13 | | the service, training or education, except under condition | 14 | | other than honorable, he or she furnishes the Department with | 15 | | satisfactory evidence to the effect that he or she has been so | 16 | | engaged and that the service, training, or education has been | 17 | | so terminated. | 18 | | (d) A community association manager , community association | 19 | | management firm or supervising community association manager | 20 | | who notifies the Department, in writing on forms prescribed by | 21 | | the Department, may place his , or her , or its license on | 22 | | inactive status and shall be excused from the payment of | 23 | | renewal fees until the person notifies the Department in | 24 | | writing of the intention to resume active practice. | 25 | | (e) A community association manager , community association | 26 | | management firm, or supervising community association manager |
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| 1 | | requesting his , or her , or its license be changed from inactive | 2 | | to active status shall be required to pay the current renewal | 3 | | fee and shall also demonstrate compliance with the continuing | 4 | | education requirements. | 5 | | (f) Any licensee with a license nonrenewed or on inactive | 6 | | license status shall not provide community association | 7 | | management services or provide services as community | 8 | | association manager as set forth in this Act. | 9 | | (g) Any person violating subsection (f) of this Section | 10 | | shall be considered to be practicing without a license and will | 11 | | be subject to the disciplinary provisions of this Act.
| 12 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 13 | | (225 ILCS 427/65)
| 14 | | (Section scheduled to be repealed on January 1, 2020) | 15 | | Sec. 65. Fees; Community Association Manager Licensing and | 16 | | Disciplinary Fund. | 17 | | (a) The fees for the administration and enforcement of this | 18 | | Act, including, but not limited to, initial licensure, renewal, | 19 | | and restoration, shall be set by rule of the Department. The | 20 | | fees shall be nonrefundable. | 21 | | (b) In addition to the application fee, applicants for the | 22 | | examination are required to pay, either to the Department or | 23 | | the designated testing service, a fee covering the cost of | 24 | | determining an applicant's eligibility and providing the | 25 | | examination. Failure to appear for the examination on the |
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| 1 | | scheduled date, at the time and place specified, after the | 2 | | applicant's application and fee for examination have been | 3 | | received and acknowledged by the Department or the designated | 4 | | testing service, shall result in the forfeiture of the fee. | 5 | | (c) To support the costs of administering this Act, all | 6 | | community associations that (i) are subject to this Act by | 7 | | having 10 or more units, (ii) retain an individual to provide | 8 | | services as a community association manager for compensation, | 9 | | (iii) are not master associations under Section 18.5 of the | 10 | | Condominium Property Act or the Common Interest Community | 11 | | Association Act, and (iv) are registered in this State as | 12 | | not-for-profit corporations shall pay to the Department an | 13 | | annual fee of $50 plus an additional $1 per unit, but shall not | 14 | | exceed an annual fee of $1,000 for any community association. | 15 | | The Department may establish forms and promulgate any rules for | 16 | | the effective collection of such fees under this subsection | 17 | | (c). | 18 | | Any not-for-profit corporation in this State that fails to | 19 | | pay in full to the Department all fees owed under this | 20 | | subsection (c) shall be subject to the penalties and procedures | 21 | | provided for under Section 92 of this Act. | 22 | | (c) (d) All fees, fines, penalties, or other monies | 23 | | received or collected pursuant to this Act shall be deposited | 24 | | in the Community Association Manager Licensing and | 25 | | Disciplinary Fund.
| 26 | | (Source: P.A. 96-726, eff. 7-1-10; 97-1021, eff. 8-17-12.) |
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| 1 | | (225 ILCS 427/70)
| 2 | | (Section scheduled to be repealed on January 1, 2020) | 3 | | Sec. 70. Penalty for insufficient funds; payments. Any | 4 | | person who delivers a check or other payment to the Department | 5 | | that is returned to the Department unpaid by the financial | 6 | | institution upon which it is drawn shall pay to the Department, | 7 | | in addition to the amount already owed to the Department, a | 8 | | fine of $50. The Department shall notify the person that | 9 | | payment of fees and fines shall be paid to the Department by | 10 | | certified check or money order within 30 calendar days after | 11 | | notification. If, after the expiration of 30 days from the date | 12 | | of the notification, the person has failed to submit the | 13 | | necessary remittance, the Department shall automatically | 14 | | terminate the license or deny the application, without hearing. | 15 | | If, after termination or denial, the person seeks a license, | 16 | | he , or she , or it shall apply to the Department for restoration | 17 | | or issuance of the license and pay all fees and fines due to | 18 | | the Department. The Department may establish a fee for the | 19 | | processing of an application for restoration of a license to | 20 | | pay all expenses of processing this application. The Secretary | 21 | | may waive the fines due under this Section in individual cases | 22 | | where the Secretary finds that the fines would be unreasonable | 23 | | or unnecessarily burdensome.
| 24 | | (Source: P.A. 96-726, eff. 7-1-10 .) |
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| 1 | | (225 ILCS 427/75)
| 2 | | (Section scheduled to be repealed on January 1, 2020) | 3 | | Sec. 75. Endorsement. The Department may issue a license | 4 | | as a licensed community association manager or supervising | 5 | | community association manager license , without the required | 6 | | examination, to an applicant licensed under the laws of another | 7 | | state if the requirements for licensure in that state are, on | 8 | | the date of licensure, substantially equal to the requirements | 9 | | of this Act or to a person who, at the time of his or her | 10 | | application for licensure, possessed individual qualifications | 11 | | that were substantially equivalent to the requirements then in | 12 | | force in this State. An applicant under this Section shall pay | 13 | | all of the required fees. | 14 | | Applicants have 3 years from the date of application to | 15 | | complete the application process. If the process has not been | 16 | | completed within the 3 years, the application shall be denied, | 17 | | the fee shall be forfeited, and the applicant must reapply and | 18 | | meet the requirements in effect at the time of reapplication.
| 19 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 20 | | (225 ILCS 427/85)
| 21 | | (Section scheduled to be repealed on January 1, 2020) | 22 | | Sec. 85. Grounds for discipline; refusal, revocation, or | 23 | | suspension. | 24 | | (a) The Department may refuse to issue or renew a license , | 25 | | or may revoke a license, or may suspend, place on probation, |
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| 1 | | reprimand, suspend, or revoke any license fine , or take any | 2 | | other disciplinary or non-disciplinary action as the | 3 | | Department may deem proper and impose a fine , including fines | 4 | | not to exceed $10,000 for each violation upon , with regard to | 5 | | any licensee or applicant under this Act or any person or | 6 | | entity who holds himself, herself, or itself out as an | 7 | | applicant or licensee for any one or combination of the | 8 | | following causes: | 9 | | (1) Material misstatement in furnishing information to | 10 | | the Department. | 11 | | (2) Violations of this Act or its rules. | 12 | | (3) Conviction of or entry of a plea of guilty or plea | 13 | | of nolo contendere to any crime that is a felony or a | 14 | | misdemeanor under the laws of the United States , or any | 15 | | state , or any other jurisdiction territory thereof or entry | 16 | | of an administrative sanction by a government agency in | 17 | | this State or any other jurisdiction. Action taken under | 18 | | this paragraph (3) for a misdemeanor or an administrative | 19 | | sanction is limited to a misdemeanor or administrative | 20 | | sanction that has as of which an essential element is | 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 | 20 | | Discipline by another state, territory, or country if at | 21 | | least one of the grounds for the discipline is the same or | 22 | | substantially equivalent of one of the grounds for which a | 23 | | licensee may be disciplined under this Act. A certified | 24 | | copy of the record of the action by the other state or | 25 | | jurisdiction shall be prima facie evidence thereof to those | 26 | | set forth in this Act . |
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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. | 5 | | (20) Gross overcharging for professional services | 6 | | including, but not limited to, (i) collection of fees or | 7 | | moneys for services that are not rendered; and (ii) | 8 | | charging for services that are not in accordance with the | 9 | | contract between the licensee and the community | 10 | | association. | 11 | | (21) Improper commingling of personal and client funds | 12 | | in violation of this Act or any rules promulgated thereto. | 13 | | (22) Failing to account for or remit any moneys or | 14 | | documents coming into the licensee's possession that | 15 | | belong to another person or entity. | 16 | | (23) Giving differential treatment to a person that is | 17 | | to that person's detriment because of race, color, creed, | 18 | | sex, religion, or national origin. | 19 | | (24) Performing and charging for services without | 20 | | reasonable authorization to do so from the person or entity | 21 | | for whom service is being provided. | 22 | | (25) Failing to make available to the Department, upon | 23 | | request, any books, records, or forms required by this Act. | 24 | | (26) Purporting to be a supervising community | 25 | | association manager licensee-in-charge of a firm an agency | 26 | | without active participation in the firm agency . |
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| 1 | | (27) Failing to make available to the Department at the | 2 | | time of the request any indicia of licensure or | 3 | | registration issued under this Act. | 4 | | (28) Failing to maintain and deposit funds belonging to | 5 | | a community association in accordance with subsection (b) | 6 | | of Section 55 of this Act. | 7 | | (29) Violating the terms of a disciplinary order issued | 8 | | by the Department. | 9 | | (b) In accordance with subdivision (a)(5) of Section 15 of | 10 | | the Department of Professional Regulation Law of the Civil | 11 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | 12 | | Department shall deny a license or renewal authorized by this | 13 | | Act to a person who has defaulted on an educational loan or | 14 | | scholarship provided or guaranteed by the Illinois Student | 15 | | Assistance Commission or any governmental agency of this State. | 16 | | (c) The determination by a circuit court that a licensee is | 17 | | subject to involuntary admission or judicial admission, as | 18 | | provided in the Mental Health and Developmental Disabilities | 19 | | Code, operates as an automatic suspension. The suspension will | 20 | | terminate only upon a finding by a court that the patient is no | 21 | | longer subject to involuntary admission or judicial admission | 22 | | and the issuance of an order so finding and discharging the | 23 | | patient, and upon the recommendation of the Board to the | 24 | | Secretary that the licensee be allowed to resume his or her | 25 | | practice as a licensed community association manager. | 26 | | (d) In accordance with subsection (g) of Section 15 of the |
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| 1 | | Department of Professional Regulation Law of the Civil | 2 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | 3 | | Department may refuse to issue or renew or may suspend the | 4 | | license of any person who fails to file a return, to pay the | 5 | | tax, penalty, or interest shown in a filed return, or to pay | 6 | | any final assessment of tax, penalty, or interest, as required | 7 | | by any tax Act administered by the Department of Revenue, until | 8 | | such time as the requirements of that tax Act are satisfied.
| 9 | | (e) In accordance with subdivision (a)(5) of Section 15 of | 10 | | the Department of Professional Regulation Law of the Civil | 11 | | Administrative Code of Illinois (20 ILCS 2105/2105-15) and in | 12 | | cases where the Department of Healthcare and Family Services | 13 | | (formerly Department of Public Aid) has previously determined | 14 | | that a licensee or a potential licensee is more than 30 days | 15 | | delinquent in the payment of child support and has subsequently | 16 | | certified the delinquency to the Department may refuse to issue | 17 | | or renew or may revoke or suspend that person's license or may | 18 | | take other disciplinary action against that person based solely | 19 | | upon the certification of delinquency made by the Department of | 20 | | Healthcare and Family Services. | 21 | | (f) In enforcing this Section, the Department or Board upon | 22 | | a showing of a possible violation may compel a licensee or an | 23 | | individual licensed to practice under this Act, or who has | 24 | | applied for licensure under this Act, to submit to a mental or | 25 | | physical examination, or both, as required by and at the | 26 | | expense of the Department. The Department or Board may order |
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| 1 | | the examining physician to present testimony concerning the | 2 | | mental or physical examination of the licensee or applicant. No | 3 | | information shall be excluded by reason of any common law or | 4 | | statutory privilege relating to communications between the | 5 | | licensee or applicant and the examining physician. The | 6 | | examining physicians shall be specifically designated by the | 7 | | Board or Department. The individual to be examined may have, at | 8 | | his or her own expense, another physician of his or her choice | 9 | | present during all aspects of this examination. Failure of an | 10 | | individual to submit to a mental or physical examination, when | 11 | | directed, shall be grounds for suspension of his or her license | 12 | | or denial of his or her application or renewal until the | 13 | | individual submits to the examination if the Department finds, | 14 | | after notice and hearing, that the refusal to submit to the | 15 | | examination was without reasonable cause.
| 16 | | If the Department or Board finds an individual unable to | 17 | | practice because of the reasons set forth in this Section, the | 18 | | Department or Board may require that individual to submit to | 19 | | care, counseling, or treatment by physicians approved or | 20 | | designated by the Department or Board, as a condition, term, or | 21 | | restriction for continued, reinstated, or renewed licensure to | 22 | | practice; or, in lieu of care, counseling, or treatment, the | 23 | | Department may file, or the Board may recommend to the | 24 | | Department to file, a complaint to immediately suspend, revoke, | 25 | | deny, or otherwise discipline the license of the individual. An | 26 | | individual whose license was granted, continued, reinstated, |
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| 1 | | renewed, disciplined or supervised subject to such terms, | 2 | | conditions, or restrictions, and who fails to comply with such | 3 | | terms, conditions, or restrictions, shall be referred to the | 4 | | Secretary for a determination as to whether the individual | 5 | | shall have his or her license suspended immediately, pending a | 6 | | hearing by the Department. | 7 | | In instances in which the Secretary immediately suspends a | 8 | | person's license under this Section, a hearing on that person's | 9 | | license must be convened by the Department within 30 days after | 10 | | the suspension and completed without appreciable delay. The | 11 | | Department and Board shall have the authority to review the | 12 | | subject individual's record of treatment and counseling | 13 | | regarding the impairment to the extent permitted by applicable | 14 | | federal statutes and regulations safeguarding the | 15 | | confidentiality of medical records. | 16 | | An individual licensed under this Act and affected under | 17 | | this Section shall be afforded an opportunity to demonstrate to | 18 | | the Department or Board that he or she can resume practice in | 19 | | compliance with acceptable and prevailing standards under the | 20 | | provisions of his or her license.
| 21 | | (Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.) | 22 | | (225 ILCS 427/87)
| 23 | | (Section scheduled to be repealed on January 1, 2020) | 24 | | Sec. 87. Suspension of license for failure to pay | 25 | | restitution. The Department, without further process or |
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| 1 | | hearing, shall suspend the license or other authorization to | 2 | | practice of any person issued under this Act who has been | 3 | | certified by court order as not having paid restitution to a | 4 | | person under Section 8A-3.5 of the Illinois Public Aid Code or | 5 | | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | 6 | | the Criminal Code of 2012. A person whose license or other | 7 | | authorization to practice is suspended under this Section is | 8 | | prohibited from engaging in the practice of community | 9 | | association management practicing until the restitution is | 10 | | made in full.
| 11 | | (Source: P.A. 96-726, eff. 7-1-10; 97-1150, eff. 1-25-13.) | 12 | | (225 ILCS 427/92)
| 13 | | (Section scheduled to be repealed on January 1, 2020) | 14 | | Sec. 92. Unlicensed practice; violation; civil penalty. | 15 | | (a) Any person, entity or other business who practices, | 16 | | offers to practice, attempts to practice, or holds himself, | 17 | | herself or itself out to practice as a community association | 18 | | manager or community association management firm management | 19 | | service or provide services as a community association manager | 20 | | or community association management firm to any community | 21 | | association in this State without being licensed under this Act | 22 | | shall, in addition to any other penalty provided by law, pay a | 23 | | civil penalty to the Department in an amount not to exceed | 24 | | $10,000 for each offense, as determined by the Department. The | 25 | | civil penalty shall be assessed by the Department after a |
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| 1 | | hearing is held in accordance with the provisions set forth in | 2 | | this Act regarding the provision of a hearing for the | 3 | | discipline of a licensee. | 4 | | (b) The Department may investigate any and all unlicensed | 5 | | activity. | 6 | | (c) The civil penalty shall be paid within 60 days after | 7 | | the effective date of the order imposing the civil penalty. The | 8 | | order shall constitute a judgment and may be filed and | 9 | | execution had thereon in the same manner as any judgment from | 10 | | any court of record.
| 11 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 12 | | (225 ILCS 427/135)
| 13 | | (Section scheduled to be repealed on January 1, 2020) | 14 | | Sec. 135. License surrender. Upon the revocation or | 15 | | suspension of any license authorized under this Act , the | 16 | | licensee shall immediately surrender the license or licenses to | 17 | | the Department. If the licensee fails to do so, the Department | 18 | | has the right to seize the license or licenses.
| 19 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 20 | | (225 ILCS 427/155)
| 21 | | (Section scheduled to be repealed on January 1, 2020) | 22 | | Sec. 155. Violations; penalties. | 23 | | (a) A person who violates any of the following provisions | 24 | | shall be guilty of a Class A misdemeanor; a person who commits |
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| 1 | | a second or subsequent violation of these provisions is guilty | 2 | | of a Class 4 felony: | 3 | | (1) The practice of or attempted practice of or holding | 4 | | out as available to practice as a community association | 5 | | manager , or supervising community association manager | 6 | | without a license. | 7 | | (2) Operation of or attempt to operate a community | 8 | | association management firm Community Association | 9 | | Management Agency without a firm an agency license or a | 10 | | designated supervising community association manager . | 11 | | (3) The obtaining of or the attempt to obtain any | 12 | | license or authorization issued under this Act by | 13 | | fraudulent misrepresentation. | 14 | | (b) Whenever a licensee is convicted of a felony related to | 15 | | the violations set forth in this Section, the clerk of the | 16 | | court in any jurisdiction shall promptly report the conviction | 17 | | to the Department and the Department shall immediately revoke | 18 | | any license authorized under this Act as a community | 19 | | association manager held by that licensee. The licensee | 20 | | individual shall not be eligible for licensure under this Act | 21 | | until at least 10 years have elapsed since the time of full | 22 | | discharge from any sentence imposed for a felony conviction. If | 23 | | any person in making any oath or affidavit required by this Act | 24 | | swears falsely, the person is guilty of perjury and may be | 25 | | punished accordingly.
| 26 | | (Source: P.A. 96-726, eff. 7-1-10 .) |
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| 1 | | (225 ILCS 427/165)
| 2 | | (Section scheduled to be repealed on January 1, 2020) | 3 | | Sec. 165. Home rule. The regulation and licensing of | 4 | | community association managers , supervising community | 5 | | association managers, and community association management | 6 | | firms Community Association Management Agencies are exclusive | 7 | | powers and functions of the State. A home rule unit may not | 8 | | regulate or license community association managers , | 9 | | supervising community association managers, or community | 10 | | association management firms and Community Association | 11 | | Management Agencies . This Section is a denial and limitation of | 12 | | home rule powers and functions under subsection (h) of Section | 13 | | 6 of Article VII of the Illinois Constitution.
| 14 | | (Source: P.A. 96-726, eff. 7-1-10 .)
| 15 | | Section 99. Effective date. This Act takes effect January | 16 | | 1, 2014.
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