(Section scheduled to be repealed on January 1, 2027)

659 words·~3 min read·/il/chapter-225/act-427/1-27

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 40. Qualifications for licensure as a community association manager.

(a)No person shall be qualified for licensure as a community association manager under this Act unless the person has applied in writing on the prescribed forms and has paid the required, nonrefundable fees and has met all of the following qualifications:

(1)Is at least 18 years of age.

(1.5) Successfully completed a 4-year course of study in a high school, secondary

school, or an equivalent course of study approved by the state in which the school is located, or possess a State of Illinois High School Diploma, which shall be verified under oath by the applicant.

(2)Provided satisfactory evidence of having completed at least 20 classroom hours in

community association management courses approved by the Board.

(3)Passed an examination authorized by the Department.

(4)Has not committed an act or acts, in this or any other jurisdiction, that would be a

violation of this Act.

(5)Is of good moral character. In determining moral character under this Section, the

Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act. Good moral character is a continuing requirement of licensure. Conviction of crimes may be used in determining moral character, but shall not constitute an absolute bar to licensure.

(6)Has not been declared by any court of competent jurisdiction to be incompetent by

reason of mental or physical defect or disease, unless subsequently declared by a court to be competent.

(7)Complies with any additional qualifications for licensure as determined by rule of

the Department.

(b)(Blank).

(c)(Blank).

(d)Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of re-application.

(e)The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure:

(1)juvenile adjudications of delinquent minors as defined in Section 5-105 of the

Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;

(2)law enforcement records, court records, and conviction records of an individual who

was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;

(3)records of arrest not followed by a charge or conviction;

(4)records of arrest in which the charges were dismissed unless related to the practice

of the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of a denial and may be used only to assess an applicant's rehabilitation;

(5)convictions overturned by a higher court; or

(6)convictions or arrests that have been sealed or expunged.

(f)An applicant or licensee shall report to the Department, in a manner prescribed by the Department, and within 30 days after the occurrence if during the term of licensure:

(i)any conviction of or plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude;

(ii)the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses; or

(iii)any conviction of or plea of guilty or nolo contendere to a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.