documents. Once received, the board has 90 days to determine whether there is an unlawful restrictive covenant and, if so, cook up (and file) a restrictive covenant modification to remove the unlawful restriction. If the Board fails, or refuses, to timely file such a restrictive covenant modification after receiving an owner’s request, the owner may file an action to compel the association and, if successful, the owner may recover reasonable attorney’s fees and costs from the association.
The CAM Act.
The most recipe changes relate to the regulation of community association managers (“CAMs”). Effective January 1, 2022, HB806 (Public Act 102-0020) amends a number of statutes including The Community Association Manager Licensing and Disciplinary Act (the “CAM Act”), 225 ILCS 427/1 et seq. The most notable change in the CAM Act is the extension of the date of its repeal from January 1, 2022 to January 1, 2027.
The amendment includes some ingredient changes to the recipe for CAMs. The ingredients for advertising have been expanded to include social media and electronic forum posts. The address ingredient has changed to prohibit P.O. Boxes and require that all applicants and licensees provide the regulatory Department with valid street and email addresses of record and inform the Department of any change in said addresses within 14 days. There’s also a whole new ingredient in the CAM recipe – a designated community association manager.
The recipe for CAM licensing has a number of changes, including the removal of the exemption that allowed a person to temporarily act as a CAM without a license while his/her application for licensure was pending if s/he was licensed under the laws of another state or country. It also adds the requirement for completion of a high school degree or equivalency certificate to the qualifications for licensure and removes the exemption for those with a real estate license to complete the required CAM courses to qualify for licensure. The changes also restrict certain criminal records from what applicants for licensure must report to the Department, but add specific convictions/ pleas and administrative sanctions that applicants and licensees must report to Department within 30 days. There’s also a new recipe for licensure as a community association management firm.
The CAM discipline recipe has a few changes. A license will not be renewed if there are unpaid fines or fees owed to Department unless the licensee has entered into a payment plan with the Department and is current with the payments. The grounds for the Department to refuse to issue or renew a license have been amended as have the disciplinary procedures for licensees who fail to comply with continuing education requirements or are convicted of illegal discrimination. There have also been changes to the investigation and hearing procedures of the Department in disciplinary actions.
Finally, there have been some miscellaneous changes to the CAM recipe, including insurance requirements, a statute of limitations for actions under the Act, and a prohibition against private rights of action under the Act. The requirement for the Department to maintain a roster of names and addresses of all licensees has been removed.
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www.cai-illinois.org • 847.301.7505 | 13
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