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Illinois Legislature Approves New Accessible Parking Requirements: What Do Illinois Community Associations Need to Know?

Date

June 12, 2024

Read Time

4 minutes

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On May 24, 2024, the Illinois legislature approved legislation to amend the Illinois Condominium Property Act (“ICPA”) to impose certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” If the proposed legislation is signed by Governor Pritzker or not vetoed by Governor Pritzker by July 23, 2024, the legislation will become law and be effective as of January 1, 2025.

Specific questions regarding this proposed legislation are answered below.

What Are the Proposed New Requirements?

The proposed amendment to the ICPA imposes two new requirements on condominium boards.

The first requirement is to “adopt a policy to reasonably accommodate a unit owner who is a person with a disability who requires accessible parking.”

The second requirement is to “make reasonable efforts to facilitate a resolution between unit owners to provide accessible parking” in situations where the association does not “own or otherwise control parking that meets the accessible parking needs of a unit owner who is a person with a disability who requires accessible parking.”

Notably, the proposed amendment to the ICPA does not expressly include accessible parking requirements for non-unit owner residents or define what constitutes “reasonable efforts” to facilitate a resolution between unit owners for accessible parking.

What Must Be Included in the Policy?

The policy to reasonably accommodate a unit owner who requires accessible parking must include: (1) “the procedure for submitting a request for an accessible parking space”; and (2) the time for the Board to review any such request, which must be within a reasonable time and not more than forty-five (45) days from submission of the request.

When Does the Policy Need to be Adopted?

For condominium associations in existence as of the date the amendment takes effect, the policy must be adopted within ninety (90) days of the effective date of the proposed amendment to the ICPA (i.e., by April 1, 2025, assuming the amendment takes effect on January 1, 2025). For “new” condominium associations (i.e., new construction or conversions) coming into existence after the effective date of the amendment, the policy must be adopted within ninety (90) days of the election of the initial condominium board.

My Condominium Association Only Has Assigned Parking (Parking Units or Limited Common Elements); Do These New Requirements Still Apply?

Yes, the proposed amendment expressly provides that the above two new requirements (adopt a policy and make reasonable efforts to facilitate a resolution between unit owners) apply to “all condominiums that have parking, regardless of whether the parking comprises parking units, limited common elements, common elements or parking rights.” (Emphasis added).

Does the Act Impose Additional Requirements for New Construction or Conversion Condominiums?

Yes. For new construction or conversion condominiums coming into existence after the amendment takes effect, all accessible parking spaces “created in accordance with applicable federal, State, and local building code and accessibility statutes, codes, and ordinances must remain part of the common elements” and cannotbe made into parking units or limited common elements; however, a unit owner who requires accessible parking “may request use of a common element accessible parking space in exchange for permitting the association” to use that unit owner’s parking unit or limited common element parking space.

The proposed amendment also empowers boards of new condominium associations to adopt rules for the use of such common element accessible parking spaces, including renting out such spaces, so long as (a) unit owners who require accessible parking have priority over unit owners who do not have a disability; and (b) unit owners who do not have a disability “must immediately stop using” an accessible parking space once a request by a unit owner who has a disability for accessible parking is approved by the Board.

Who Is Responsible for Complying with these Additional Requirements for New Construction or Conversion Condominiums?

The declarant or developer of the new condominium association is responsible. The proposed amendment expressly provides that condominium associations “shall not be held liable” for a developer or declarant failing to comply with these additional requirements for new condominium associations and authorizes current and “prospective” unit owners and condominium boards to file suit against a declarant or developer who fails to comply with these requirements and recover actual and punitive damages.

Where Can I Find Text of the Proposed Act?

Text of the proposed legislation, which has been approved by the legislature and is awaiting the Governor’s signature, is available here.

LP is committed to keeping our community association clients informed of, and prepared to proactively and successfully navigate, any changes in the law. For questions regarding the new accessible parking requirements approved by the legislature for Illinois condominium associations, or other issues facing your condominium or community association, please contact Howard Dakoff, Laura Marinelli, Adam Kahn, or Molly Mackey of LP’s Community Association Group.


Filed under: Community Association

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