How Illinois Condominium Associations May Be Affected by New Accessible Parking Requirements

 Posted on August 22, 2024 in Condominium & Homeowner Association Law

The Illinois legislature recently passed a bill that updates the Illinois Condominium Property Act (ICPA) to place requirements on condominium associations to provide parking accommodations for unit owners with disabilities. Condo associations and boards will need to understand their requirements under the new law, which goes into effect on January 1, 2025.

New Requirements Regarding Accessible Parking

Condominium associations must adopt policies that will provide reasonable accommodations to unit owners who require accessible parking due to disabilities. These policies must detail the procedures followed when a unit owner submits a request for a parking space that is accessible. They should also specify the timeframes that will be followed when a condominium board reviews these requests. These timeframes must be reasonable, and the review period cannot be longer than 45 days. New or updated policies must be adopted by condominium associations by April 1, 2025.

In situations where the parking area owned or controlled by a condominium association does not meet the needs of a unit owner with a disability, the association must make reasonable efforts to help unit owners reach agreements that will provide accessible parking.

These requirements apply to all condominiums that have parking, including those that have assigned parking spaces or units or limited common elements.

Accessible Parking Requirements for Newly Constructed or Converted Condominiums

When new condominiums come into existence after January 1, 2025, any accessible parking spaces that are required under federal or state laws or local codes and ordinances must be common elements rather than assigned parking units or limited common elements. However, unit owners may request to use these accessible parking spaces in exchange for allowing a condo association to use that person's assigned parking space.

Associations may create rules regarding the use of accessible parking spaces that are common elements. They may rent these spaces out, although unit owners who require accessible parking due to disabilities will have priority for using these spaces, and unit owners without disabilities will be required to stop using accessible parking spaces after a unit owner with a disability requests the use of an accessible space.

The developer or declarant of a new or converted condominium will be responsible for complying with these requirements. Accessible parking policies that meet the requirements of the new law must be adopted within 90 days after the election of the condominium board for a new or converted condominium that comes into existence after January 1, 2025.

Contact Dickler, Kahn, Slowikowski & Zavell, Ltd. for Legal Help

Our firm can provide guidance to condominium associations to ensure that they comply with their legal requirements regarding accessible parking and other related issues. Please contact us at 847-593-5595 to speak to our attorneys.

The update to the ICPA can be read here.