Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.300 - Unprofessional Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may suspend or revoke a license, refuse to issue
				or renew a license or take other disciplinary action based upon its finding of
				dishonorable, unethical, or unprofessional conduct likely to deceive, defraud
				or harm the public (see Section 85 of the Act). Dishonorable, unethical, or
				unprofessional conduct may include, but is not limited to, the following acts
				or practices:
a) Failing to be
			 knowledgeable about and comply with the applicable governing documents, and
			 policies and procedures of the client association.
b) Knowingly misrepresenting material facts,
			 making inaccurate statements, or acting in any fraudulent manner while
			 representing client associations.
c) Providing legal advice to client
			 associations, or any of their members, or otherwise engaging in the unlicensed
			 practice of law.
d) Failing to
			 promptly disclose to client associations any actual or potential conflicts of
			 interest, including, but not limited to, the procurement of and/or payment for
			 goods or services or any policy of insurance on behalf of a community
			 association from a third party in which the licensee has greater than a 1%
			 ownership interest or from which the licensee receives or may receive dividends
			 or other profit sharing distributions, other than a publicly held or traded
			 company.
e) Failing to act in a
			 manner consistent with the licensee's fiduciary duty.
f) Failing to conduct oneself, when acting in
			 the scope of employment, in accordance with the terms and conditions of the
			 contractual agreement, and in accordance with all local, State, and federal
			 laws.
g) Failing to maintain a duty
			 of confidentiality to all current and former clients; or failing to reasonably
			 safeguard confidential information, or improperly using confidential
			 information; or failing to take reasonable steps to safeguard confidential
			 information from unauthorized disclosure.
h) Failing to ensure that homeowners receive
			 timely notice; and the production of documents pursuant to direction by the
			 community association's board as required by State statutes or legal
			 documents.
i) Failing to disclose
			 any affiliation agreements, and the terms thereof, binding on a client
			 association.
j) Aiding or assisting
			 a licensee or unlicensed individual to violate the Act or this Part.
k) Obstructing an inspection, audit,
			 investigation, examination, or disciplinary proceeding.
l) Failing to return to a community
			 association all original records that are the property of the community
			 association within 30 days following termination of a management agreement or
			 other contract between the Community Association Management Firm and the
			 community association or an unaffiliated Community Association Manager and the
			 community association.
m) Charging
			 fees not disclosed to a community association at the time of execution,
			 amendment to, or renewal of, a management agreement or other contract between
			 the Community Association Management Firm and the community association or an
			 unaffiliated Community Association Manager and the community association
			 without prior authorization.
n)
			 Converting, diverting, or expending funds from a community association account
			 without written authorization other than to pay expenses incurred by or on
			 behalf of the community association.