SB 2128 — CONDO-MANAGER LICENSE

*LRB09518826AJO44953b* SB2128 95THEngrossed GENERALLRB095 ASSEMBLY18826 StateAJO of44953 Illinoisb andAN 2008ACT SB2128concerning Introducedproperty. 2/14/2008, by Sen.

John J.

Cullerton SYNOPSIS AS INTRODUCED:

ILCS 605/18.8 new ILCS 105/5.708 new Amends the Condominium Property Act.

Requires licensing of managers of community associations.

Creates the Community Association Manager Regulatory Commission, whose members are appointed by the Governor, to administer the licensing.

Requires the payment of fees.

Sets forth licensing requirements.

Provides for discipline and other matters.

Amends the State Finance Act to create a special fund.

Effective July 1, 2009.

LRB095 18826 AJO 44953 b FISCAL NOTE ACT HOUSING MAY APPLY AFFORDABILITY IMPACT NOTE ACT MAY APPLY A BILL FOR SB2128 LRB095 18826 AJO 44953 b AN ACT concerning property.

Because of the customary reliance by the public, specifically the duly appointed or elected governing body of common interest community associations, upon the financial, supervisory, and managerial services of persons purporting to possess expert knowledge in the field of community association management and SB2128 Engrossed - 2 - LRB095 18826 AJO 44953 b as custodian of community association funds, it is further declared to be in the best interest of Illinois citizens to limit and restrict, under the circumstances set forth in this Section, the issuance of licenses to community association managers who have been certified to possess the necessary knowledge in the relevant financial, managerial, and supervisory services, or compliance with conditions established by law or contract of persons so licensed.

"Commission" means the Community AssociationsAssociation Manager Regulatory Commission.

"Community association manager" means an individual who administers for compensation the coordination of financial, administrative, maintenance, or other duties SB2128 Engrossed - 3 - LRB095 18826 AJO 44953 b called for in the management contract, including individuals who are direct employees of a community association.

Until the license SB2128 Engrossed - 4 - LRB095 18826 AJO 44953 b program has been established and grants licenses, these members must hold the qualifications to be license holders.

SB2128 Engrossed - 5 - LRB095 18826 AJO 44953 b (6) Any member of the Commission, any attorney providing advice to the Commission, any person acting as a consultant to the Commission, and any witness testifying in a proceeding authorized under this Act, excluding the party making the complaint, is immune from liability in any civil action brought against him or her for acts occurring while acting in his or her capacity as a commissioner, consultant, or witness, if the individual was acting in good faith within the scope of his or her respective capacity, made a reasonable effort to obtain the facts of the matter as to which he or she acted, and acted in the reasonable belief that the action taken by him or her was warranted by the facts.

(2) Make such rules and regulations, not inconsistent with the laws of the State of Illinois, as may be necessary for the orderly conduct of its affairs and for the administration of this Act, except that no disciplinary action shall be taken without affording due process and in conformity with the rules of civil andand/or or criminal evidence of the State of Illinois.

SB2128 Engrossed - 6 - LRB095 18826 AJO 44953 b (4) Develop appropriate administrative enforcement procedures for violations of the rules of professional conduct.

SB2128 Engrossed - 7 - LRB095 18826 AJO 44953 b (2) Fails to cooperate with the Commission in the investigation of a complaint, including without limitation, failure to produce any document, book, or record in the possession or control of the community manager after the Commission requests production of that document, book, or record in the course of an investigation of a complaint.

(2) All fees shall be paid to the Commission or its authorized representative and are to be paid by the SB2128 Engrossed - 8 - LRB095 18826 AJO 44953 b applicant in advance of examination dates or of any action by the Commission.

and (3) shall either (i) pass an exam covering the fundamentals of community association management, SB2128 Engrossed - 9 - LRB095 18826 AJO 44953 b including the Illinois Condominium Property Act, the Illinois Not-for-Profit Corporation Act, and any other laws the Commission deems appropriate as it relates to community association management;

(3) Any person may reactivate an expired license within a one-year grace period after the date of its expiration by SB2128 Engrossed - 10 - LRB095 18826 AJO 44953 b making written application for reactivation and paying a reactivation fee imposed by the Commission.

(1) A license holder or the firm with whom the license holder is employed shall not solely and exclusively have access to and disburse funds of a community association SB2128 Engrossed - 11 - LRB095 18826 AJO 44953 b unless:

(iv) The insurance company issuing the bond may not cancel or refuse to renew the bond without giving not less than 10 day’sdays’ prior written notice.

SB2128 Engrossed - 12 - LRB095 18826 AJO 44953 b (1) A licensed attorney acting solely as an incident to the practice of law.

This Act takes effect July 1, SB2128 Engrossed - 13 - LRB095 18826 AJO 44953 b 2009.