HB 271 — COMMUNITY ASSOC MANAGER ACT

*LRB09604007ASK14045b* HB0271 96THEngrossed GENERALLRB096 ASSEMBLY04007 StateASK of14045 Illinoisb andAN 2010ACT HB0271concerning Introducedprofessions 1/23/2009,and byoccupations. Rep.

Elaine Nekritz SYNOPSIS AS INTRODUCED:

New Act ILCS 80/4.31 new ILCS 105/5.719 new ILCS 605/18.7 rep.

Creates the Community Association Manager Act.

Provides for the licensure of community association managers by the Department of Financial and Professional Regulation.

Provides that no person may provide services as a community association manager to community associations in this State after January 1, 2011, unless he or she holds a current and valid license issued by the Department or is otherwise exempt from licensure under this Act.

Creates the Community Association Manager Regulatory Commission.

Sets forth provisions concerning qualifications for licensure, grounds for discipline under the Act, and certain administrative fees and procedures.

Imposes conditions on any rulemaking authority.

Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2021.

Amends the State Finance Act to create the Community Manager License Fund.

Effective immediately.

LRB096 04007 ASK 14045 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB0271 LRB096 04007 ASK 14045 b AN ACT concerning professions and occupations.

"Community association" means an association in which membership is a condition of ownership or shareholder interest of a unit in a condominium, cooperative, townhouse, villa, or other residential unit which is part of a residential development plan and that is authorized to impose an HB0271 Engrossed - 2 - LRB096 04007 ASK 14045 b assessment, rents, or other costs that may become a lien on the unit or lot.

No person may provide services as a community association manager to community HB0271 Engrossed - 3 - LRB096 04007 ASK 14045 b associations in this State after January 1, 2011, unless he or she holds a current and valid license issued by the Department or is otherwise exempt from licensure under this Act.

(b) A licensed community association manager may not perform or engage in any activities for which a real estate broker or real estate salesperson's license is required under the Real Estate License Act of 2000, unless he or she also possesses a current license under the Real Estate License Act of 2000 and is providing those services as provided for in that HB0271 Engrossed - 4 - LRB096 04007 ASK 14045 b Act and the applicable rules.

HB0271 Engrossed - 5 - LRB096 04007 ASK 14045 b (c) The presence of two-thirds of the full Commission shall constitute a quorum for the transaction of business.

(d) 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, shall be immune from liability in any civil action brought against him or her for acts occurring while acting in his or her capacity as a Commission member, consultant, or witness, respectively, ifunless such individual was acting in good faith within the scopeconduct ofthat hisgave orrise 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 takenwas bywillful him or herwanton wasmisconduct. warranted by the facts.

The HB0271 - 6 - LRB096 04007 ASK 14045 b Commission may perform each of the following:

HB0271 Engrossed - 6 - LRB096 04007 ASK 14045 b (2) Assist the Department in the following matters:

HB0271(2) -He 7or -she LRB096is 04007a ASKcitizen 14045or blegal (2)permanent Heresident orof shethe is a United StatesStates. citizen.

(3) He or she has not been convicted of forgery, HB0271 Engrossed - 7 - LRB096 04007 ASK 14045 b embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any other similar offense, or a felony.felony involving moral turpitude, in any court of competent jurisdiction in this State or any other state, district, or territory of the United States or of a foreign country, unless the Board waives this qualification after taking into account the nature of the applicant's conduct, any aggravating or extenuating circumstances, the time elapsed since the conviction, the rehabilitation or restitution performed by the applicant, and any other factors that the Board deems relevant.

HB0271 Engrossed - 8 - LRB096 04007 ASK 14045 b (b) Notwithstanding the provisions of subsection (a) of this Section:

and (2) the examination and initial education requirement shall not apply to persons who, within 6 months after the rules to administer this Act are adopted by the Department, HB0271 - 8 - LRB096 04007 ASK 14045 b apply for a license by providing satisfactory evidence to the Department and the Commission of qualifying experience or education, including without limitation evidence that he or she has (A) practiced community association management for a period of 5 years or (B) achieved a designation awarded by recognized community association management organizations in the State.

The examination shall be prepared by an HB0271 Engrossed - 9 - LRB096 04007 ASK 14045 b independent testing service designated by the Commission using standards set forth by the National Organization for Competency Assurances and shall be approved by the Department.

(c) An applicant shall be eligible to take the examination only after successfully completing the education requirements set forth in this Act and attaining the minimum age required HB0271 - 9 - LRB096 04007 ASK 14045 b under this Act.

HB0271 Engrossed - 10 - LRB096 04007 ASK 14045 b (4) The insurance company issuing the fidelity insurance may not cancel or refuse to renew the bond without giving at least 10 days prior written notice.

HB0271 - 10 - LRB096 04007 ASK 14045 b (b) A licensee who provides community association management services for more than one community association shall maintain separate, segregated accounts for each community association or, with the consent of the association, combine the accounts of one or more associations, but in that event, separately account for the funds of each association.

HB0271 Engrossed - 11 - LRB096 04007 ASK 14045 b (a) Disciplinary action recommended by the Commission and imposed by the Department may consist of one or more of the following:

HB0271 - 11 - LRB096 04007 ASK 14045 b (5) The imposition of a reasonable fine.

HB0271 Engrossed - 12 - LRB096 04007 ASK 14045 b Section 60.

(b) A fee not to exceed $100 shall be paid for each application made to the Department, whether the same is an application for examination or reexamination or for issuance, renewal, reactivation, or reinstatement of a license or any other application requiring formal action or consideration by HB0271 - 12 - LRB096 04007 ASK 14045 b the Department.

(a) All licenses issued under this Act shall expire every 4 years on a date established by the Department, but may be renewed upon the payment of the renewal fee authorized by this HB0271 Engrossed - 13 - LRB096 04007 ASK 14045 b Section and satisfactory completion of mandatory continuing education.

(c) In the event that a person fails to reactivate his or her license within the one-year grace period specified in this Section, a person may reinstate such license within 4 years HB0271 - 13 - LRB096 04007 ASK 14045 b after the date of the expiration of the grace period by making written application for reinstatement, paying a reinstatement fee, and providing proof to the Department of his or her continued professional competence as required by the Department.

HB0271 Engrossed - 14 - LRB096 04007 ASK 14045 b Section 70.

No license may be renewed except upon the successful completion of the required courses or their equivalent as determined by the Department with the HB0271 - 14 - LRB096 04007 ASK 14045 b recommendation of the Commission.

(d) The curriculum developed by the Commission shall qualify as elective courses required to achieve or renew a real HB0271 Engrossed - 15 - LRB096 04007 ASK 14045 b estate brokerage or real estate salesperson's license under the Real Estate License Act.

HB0271 - 15 - LRB096 04007 ASK 14045 b Section 900.

(765 ILCS 605/18.7 rep.) HB0271 Engrossed - 16 - LRB096 04007 ASK 14045 b Section 910.