Ill. Admin. Code tit. 68 § 1445.110

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1445.110 - Supervision and Management

a) A licensee with an ownership interest in or directly employed by a Community Association Management Firm may perform activities at multiple offices or client locations as a licensee only for their Community Association Management Firm. No community association manager may be the designated community association manager for more than one firm, corporation, limited liability company, partnership or other legal entity. [225 ILCS 427/50(c)]

b)The designated community association manager shall supervise and manage all licensed and unlicensed employees acting on behalf of the community association management firm. The designated community association manager shall supervise and manage all independent contractors providing community association management services on behalf of the community association management firm. [225 ILCS 427/50(c)] This supervision of activities includes, but is not limited to:

1) Implementation of and communication of office policies and procedures established by the community association management firm;

2) Training of licensees and unlicensed employees;

3) Supervising those Association Accounts over which the Community Association Management Firm has delegated responsibility to the designated Community Association Manager in order to ensure compliance with the Association Accounts provisions of the Act, Section 1445.120, and this Part;

4) Supervising all advertising, in any media, of any community association management service for which a license is required;

5) Training licensees on the requirements of federal and State laws and local ordinances relating to the practice of community association management; and

6) Overseeing compliance with this Section by licensees and offices under their supervision.

c) The Community Association Management Firm shall establish a written firm policy and remain ultimately responsible for compliance with the Act and this Section. Pursuant to Section 50(a) of the Act, the Community Association Management Firm shall provide evidence to the Department that the firm has designated a licensed Community Association Manager to supervise and manage the firm. Having a designated community association manager shall be a continuing requirement of firm licensure. [225 ILCS 427/50(a)]

d) Any violation of the provisions of the Act on the part of any licensees with an ownership interest in or employed by a Community Association management Firm, or associated by written agreement with the Community Association Management Firm, or an unlicensed employee of a Community Association Management Firm, shall not be cause for suspension or revocation of the license of the Community Association Management Firm or a designated Community Association Manager of the Community Association Management Firm, unless the Community Association Management Firm or designated Community Association Manager had knowledge of the violation of the Act. However, and in accordance with Section 50(c) of the Act, failure of a Community Association Management Firm to provide an appropriate written office policy shall be cause for discipline, including suspension or revocation of the license of the Community Association Management Firm or designated Community Association Manager. The community association management firm and the designated community association manager shall be responsible for all actions of which they had knowledge taken on behalf of the community association management firm. [225 ILCS 427/50(c)]

e) Each designated Community Association Manager shall, within 14 days of a Community Association Manager becoming employed by or associated with the Community Association Management Firm, inform the Department in the manner prescribed by the Department of the name and license number of that newly employed or associated Community Association Manager. Each designated Community Association Manager shall, within 14 days, notify the Department in the manner prescribed by the Department of any termination of employment or association with their Community Association Management Firm of a Community Association Manager and provide that licensee's name and license number.

f) A Community Association Management Firm shall report to the Department, in a manner prescribed by the Department, within 14 days, any changes to that Community Association Management Firm's designated Community Association Manager.

g) A designated Community Association Manager shall notify the Department in the manner prescribed by the Department of any change of business address within 14 days after any change.

Ill. Admin. Code tit. 68, § 1445.110

Amended at 47 Ill. Reg. 8409, effective 6/2/2023