On August 9, 2024, Governor Pritzker signed SB 2740 into law. The Bill creates a new Section 18.12 of the Illinois Condominium Property Act (the “Act”) that went into effect on January 1, 2025. This update to the Act addresses accessible parking for individuals with disabilities within condominium associations. This does not apply to associations that are not established as a condominium. 

Below are four key points of this new legislation:

1. Mandatory accessible parking policies must be adopted by April 1, 2025

Illinois condominium associations with parking facilities are required to adopt a written policy and procedure to accommodate requests for accessible parking from disabled owners by April 1, 2025. This update to the Act requires that the time for review of a disabled owner’s request be not more than 45 days from the date the request is submitted and that the board decide on whether to grant the request within a “reasonable period of time.” Copies of the policy adopted by the board must also be given to any owner upon request. If your condominium association has not already established a policy, it must work to adopt one no later than April 1, 2025.

2. Disabled owners must be given priority over non-disabled owners

In cases where accessible parking spaces are common elements or leased by the association, the policy must give disabled owners priority over non-disabled owners for the use of these spaces. If a non-disabled owner is using an accessible space, they must relinquish it when a disabled owner’s request is approved.

3. The new law is applicable to deeded and limited common element spaces

For accessible spaces that are either deeded or limited common elements, disabled owners can request to exchange their standard parking space for an accessible one. The board is required to make reasonable efforts to facilitate such exchanges. This raises concern about what to do when an owner who paid more money to acquire a prime deeded parking space is now being asked to relinquish their space to an owner with a disability. Under this new law, an owner could be compelled to relinquish its prime parking space to accommodate the needs of a disabled owner who has made an accommodation request. If this situation arises, legal counsel should be consulted as this situation will likely result in controversy. 

4. New construction and conversions projects must only have common element parking

For new or converted condominiums, all accessible parking spaces must remain common elements. This means the accessible parking spaces cannot be sold as deeded spaces or limited common elements. This aims to prevent conflicts and ensure that accessible spaces are available to those who need them. If a developer fails to comply with these updated requirements to the Illinois Condominium Property Act, affected parties (including unit owners and the board), can pursue legal action for damages and equitable relief.

The complete text of the enacted legislation is available here: https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0916

Please reach out to Tressler’s HOA Practice Group attorneys with any questions! For more information about this article, contact Katerina Tsoukalas-Heitkemper at kheitkemper@tresslerllp.com.