765 ILCS 605/18.12: What Every Condominium Association Needs to Know About the New Accessible Parking Requirements Under the Illinois Condominium Property Act

765 ILCS 605/18.12: What Every Condominium Association Needs to Know About the New Accessible Parking Requirements Under the Illinois Condominium Property Act

The Illinois General Assembly recently amended 765 ILCS 605/18 by adding Section 18.12 which requires all condominiums with parking to implement policies for accessible parking access for disabled owners. Governor Pritzker approved the legislation on August 9, 2024 and the legislation will be effective on January 1, 2025. This article will provide critical guidance to condominium association board members on how to comply with the new legislation and adopt a parking policy to avoid potential liability.

Are Condominium Associations required to adopt a parking policy?

Yes, 765 ILCS 605/18.12(a) mandates the board to adopt a policy to reasonably accommodate a unit owner with a disability who requires accessible parking.

What is required to be included in the policy?

At a minimum, 765 ILCS 605/18.12(a) requires the policy to include, without limitation, the following:

1. 1. the procedure for submitting a request for an accessible parking space; and
   2. the time in which the board may review the request, which may not be more than 45 days from the date the request was submitted.

765 ILCS 605/18.12(a) requires the board to review and decide on the request within a reasonable period of time. Additionally, the board is required to provide a copy of the policy to any unit owner upon request.

When must the board adopt a policy?

Condominiums existing on January 1, 2025 must adopt the policy by April 1, 2025. Condominiums incorporated after January 1, 2025 have 90 days after the date of the election of the initial board of managers to adopt a policy.

What if the association does not own or control parking?

765 ILCS 605/18.12(b) provides that the board make reasonable efforts to facilitate a resolution between unit owners to provide for accessible parking when the association does not own or otherwise control parking that meets the accessible parking needs of a unit owner with a disability who requires accessible parking.

What must newly constructed condominiums and conversion condominiums do to comply with 765 ILCS 605/18.12?

Pursuant to 765 ILCS 605/18.12(c), all accessible parking spaces constructed or created in newly constructed condominiums and conversion condominiums must remain part of the common elements. A developer or declarant may not construct, create or make parking units or limited common elements of accessible parking spaces.

Can the board create rules and regulations for the use of common element accessible parking spaces?

Yes, 765 ILCS 605/18.12(c) provides that the board may establish rules and regulations for the use of common element accessible parking spaces. These rules and regulations may include, but are not limited to, renting or licensing common element accessible parking spaces to non-disabled unit owners.

However, 765 ILCS 605/18.12(c) establishes that the rules and regulations must provide the following:

1. 1. a unit owner with a disability who requires accessible parking has priority over non-disabled unit owners; and
   2. non-disabled unit owners must immediately stop using a common element accessible parking space when a request by a unit owner with a disability for accessible parking is approved by the board.

Can a disabled person purchase a parking unit or a residential unit to which a limited common element parking space is assigned?

Yes, 765 ILCS 605/18.12(c) provides that a disabled person may purchase a parking unit or a residential unit to which a limited common element parking space is assigned. A developer or declarant may not refuse to sell a parking unit to a disabled person or assign a limited common element parking space to a residential unit purchased by a disabled person.

If a disabled person purchases a parking unit or a residential unit to which a limited common element parking space is assigned, the disabled unit owner who requires accessible parking may then request use of a common element accessible parking space in exchange for permitting the association use of that disabled unit owner’s parking unit or limited common element parking space.

What remedies are available to a condominium association should a developer fail to comply with 765 ILCS 605/18.12(c)?

Pursuant to 765 ILCS 605/18.12(e), an aggrieved unit owner, an aggrieved prospective unit owner, or the board may commence a civil action in Illinois state court against a developer or declarant who fails to comply with 765 ILCS 605/18.12(c). The court may award declaratory relief, actual damages, punitive damages and, if appropriate, equitable relief should the court find that the developer or declarant has failed to comply with the requirements of 765 ILCS 605/18.12(c).

Will a condominium association be held liable if a developer fails to comply with 765 ILCS 605/18.12(c)?

No, pursuant to 765 ILCS 605/18.12(e), a condominium association may not be held liable should the developer or declarant fail to comply with the requirements of 765 ILCS 605/18.12(c).

Final tips for complying with 765 ILCS 605/18.12

The addition of Section 18.12 to the Condominium Property Act certainly creates new challenges for Illinois condominium associations. A condominium association should collaborate with an attorney to adopt a parking policy or amend an existing parking policy to comply with the requirements of 765 ILCS 605/18.12. Given the potential for litigation that this new legislation breeds, it is important for Illinois condominium associations to be proactive in complying with the 765 ILCS 605/18.12. The attorneys at Hirzel Law, PLC can assist with the drafting and preparation of parking policies which comply with the requirements of 765 ILCS 605/18.12.

Jeremy Fernando is an Associate Attorney at Hirzel Law, PLC. Mr. Fernando is licensed to practice law in the state of Illinois. He concentrates his practice on community association law, condominium law, homeowners association law, and real estate law. Mr. Fernando’s legal career includes serving in corporate practice where he represented insurance companies and institutional investors in U.S. and cross-border private placements of securities, including transactions in the Netherlands, England, Ireland, Australia, and Germany. Mr. Fernando earned his Juris Doctor from Marquette University Law School, where he graduated with honors and ranked in the top 15% of his class. He also served as an Associate Editor of the Marquette Law Review. Mr. Fernando is committed to providing effective legal representation to his clients and is passionate about helping communities navigate complex legal challenges. He may be reached at 312-552-7669 or jfernando@hirzellaw.com.