The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking access for disabled owners. The legislation will take effect ninety (90) days after Governor Pritzker signs it, which is expected soon. 

What You Need to Know:

• New Illinois Condominium Property Act Section 18.12 awaits Governor’s signature.
• Section 18.12 will require board action to adopt an accessible parking space policy.
• Condominium boards will be required to facilitate owner requests to use accessible parking spaces.

The new Section 18.12 will focus on “accessible parking spaces” – that is, parking spaces that are extra wide or adjoin a diagonally striped access area and display a sign identifying the space as reserved for use by persons with disabilities. The actions that a condominium association will have to take depend on whether the parking facilities in the condominium are (1) common element parking spaces leased to owners or generally available accessible spaces, (2) limited common element parking spaces assigned to specific units, or (3) deeded parking space units.   

For All Associations – Written Accessible Parking Policy 

Regardless of the type of parking facilities provided, all condominiums with parking will be required to adopt a written policy that establishes a procedure for dealing with requests by disabled owners for use of accessible parking spaces. The policy must require board review within forty-five (45) days of submission of a request and will require a response within a reasonable time thereafter. Boards will be required to furnish a copy of the policy upon request. Any association with parking will be required to adopt an accessible parking policy within ninety (90) days of the effective date of the new legislation. 

For Associations with Common Area Accessible Parking Spaces

In condominium associations where the board administers or leases parking assignments or has general open use accessible parking spaces:

• The board must adopt a written accessible parking policy as described above.
• The association’s rules must provide that a disabled owner be given priority to use an accessible parking space over a non-disabled owner.
• A non-disabled owner must immediately surrender use of an accessible parking space when the board authorizes a disabled owner to park in that space. 

For Associations with Deeded or Limited Common Element Accessible Spaces 

In condominium associations with accessible spaces that are deeded parking space units or limited common elements assigned to a specific unit: 

1. The board must adopt a written accessible parking policy as described above.
2. A disabled unit owner with a standard parking space may request that the association allow use of an accessible parking space in exchange for use of the disabled owner’s standard parking space. 
3. When a non-disabled owner has purchased an accessible parking space, the Board will be required to make reasonable efforts to enable a disabled unit owner to use that accessible parking space. The law does not specify what reasonable efforts are required, nor does it indicate whether boards must force the non-disabled owner of the accessible parking space to allow use by a disabled owner.

No New Deeded or Limited Common Element Accessible Parking Spaces 

Once the new legislation takes effect, developers of new or conversion condominiums will be required to designate all accessible parking spaces as common elements controlled by the condominium association, and developers will no longer be able to create or sell accessible parking spaces that are deeded or limited common elements reserved for the use of a particular unit. This prohibition will eliminate the conflicts – and lawsuits – generated when a non-disabled person buys an accessible parking space and is asked to surrender its use to a disabled unit owner. Any developer who violates this prohibition will be exposed to lawsuits in which punitive damages will be recoverable.

Anticipated Complications 

The new legislation focuses only on disabled owners who need accessible parking, and non-disabled owners who are using accessible parking spaces. The legislation does not address renters or other occupants who may need accessible parking, nor does it address accessible parking spaces occupied by renters or other occupants. Disability accommodation requests from renters regarding accessible parking must still be addressed appropriately, but do not fall within the new legislation. 

Though some deeded and limited common element parking rights to accessible spaces were sold by developers with conditions requiring owners to exchange spaces if a disabled owner requested access, many were sold by developers without such conditions. The legislation will require boards to become involved in potentially contentious negotiations between disabled owners and non-disabled owners of accessible parking spaces. Will a condominium board be obligated to sue a non-disabled owner who refuses to relinquish use of an accessible parking space? What will be required if the disabled owner does not own a standard parking space that can be exchanged?

Given that Section 18.4(q) of the Act already requires boards to make reasonable accommodations for disabled unit owners, it is important to discuss all parking access requests with counsel immediately upon receipt.