How to become a community association manager

Q. I want to become a community association manager in Illinois. What are the requirements?

A. There appears to be a shortage of licensed community association managers, so your interest in the profession is good to hear. Here is a summary of the essential qualifications for a community association manager license in Illinois:

• You must be at least 21 years of age.

• You must complete at least 20 classroom hours in approved management courses.

• You must pass an exam.

• You must not have committed any violations of the Community Association Manager Licensing and Disciplinary Act, and you must be of good moral character.

For a list of approved pre-license education providers and more information on licensing, visit the Illinois Department of Financial & Professional Regulation website at www.idfpr.com.

Q. Our association is considering an amendment to the association's declaration that would prohibit sex offenders from residing in units. One of our owners claims this would be discriminatory. Can we prohibit sex offenders from living at our association?

A. There is a difference between discrimination and unlawful discrimination. Sex offenders are not members of a protected class and, therefore, discrimination against a sex offender would generally not be considered unlawful discrimination. A court will generally uphold an amendment to an association's declaration as long as the amendment does not violate some public policy. I am not aware of a public policy that would be violated by amending a declaration to prohibit a convicted sex offender from residing at the association.

Q. Members of our association's board would like to landscape the entry into our association of detached single-family homes. However, the area at the entranceway, where the landscaping would be installed, is located on the private property of the owners of individual homes. This has been discussed with the owners of these homes and they are amenable to our proposal. Any insight or suggestions are appreciated.

A. This is more common of an issue than you may think. That is, it's not uncommon for a developer to install signs or landscaping on lots at an entrance to a subdivision that are privately owned, without establishing the authority to do so or for maintenance. Some associations maintain these improvements on a "handshake" while others seek to establish a more formal arrangement. The former works, until it doesn't.

If the association and the owners of the lots upon which the landscaping would be located agree, the transaction could be memorialized in easement agreements between the association and these owners. Each easement agreement could permit the association to install and maintain, at association expense, landscaping on the specifically identified portion of the individually owned lots. Each easement agreement would be recorded so that it would be binding on any future owners of the lots in question.

The association's governing documents should be reviewed, though, to determine if there are any limitations on the use of the association's funds for this purpose. Some owners may be critical of the expenditure of association funds on individually owned lots for this purpose. However, all owners should benefit by the enhanced entrance to the community.

Q. Does our Illinois condominium have to give notice of a board meeting when the meeting will be limited to a permitted closed session, even when no vote will be taken?

A. While portions of board meetings are permitted to be closed to the unit owners, it is still a board meeting. As such, notice of the meeting must be provided as required by the association's governing documents and statute. Of course, to avoid having owners show up only to be turned away, it would be good practice to indicate in the notice that the meeting will be a closed session.

• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.