Bill Text: IL SB2740 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Condominium Property Act. Provides that the board of managers of a condominium must adopt a policy to reasonably accommodate a unit owner who is a person with a disability. Provides that the board of managers must make reasonable efforts to facilitate a resolution between unit owners to provide for accessible parking if 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. Provides that the board of managers must adopt a policy no later than 90 days after the effective date of the Act for existing condominiums or 90 days after the date of the election of the initial board of managers under the Act. Provides that all accessible parking spaces constructed or created in accordance with applicable statutes or ordinances must remain part of the common elements for all new construction condominiums and conversion condominiums submitted after the effective date of the Act. Provides that no developer or declarant shall construct, create, or otherwise make parking units or limited common elements of accessible parking spaces. Provides that any rules or regulations adopted by the board of managers for the use of common element accessible parking spaces must provide that a unit owner who is a person with a disability who requires accessible parking has priority over non-disabled unit owners. Requires the board must review a request for accessible parking within 45 days of receipt of the request to do so. Provides that nothing in this Act precludes a disabled person from purchasing a parking unit or a residential unit to which a limited common element parking space is assigned, and no developer or declarant shall 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. Provides that if a disabled person purchases a parking unit or a residential unit to which a limited common element parking space is assigned, that unit owner who is a person with a disability who requires accessible parking may 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.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0916 [SB2740 Detail]

Download: Illinois-2023-SB2740-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2740 Introduced 1/12/2024, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED:
765 ILCS 605/18.12 new
Amends the Condominium Property Act. Provides that the board of managers of a condominium shall adopt a policy to reasonably accommodate a unit owner who is a person with a disability who requires an accessible parking space to ensure that person has access to the building. Provides that for an association that sells parking spaces, if an owner of an accessible parking space is unable to sell the accessible parking space to a qualified user, the board of managers shall purchase the parking space for fair market value and ensure that the space remains available to persons with disabilities who require an accessible parking space. Provides that a unit owner who is a person with a disability who requires an accessible parking space may bring a civil action against the board of managers to compel the board of managers to provide an accessible parking space. Provides that a prevailing unit owner is entitled to attorney's fees and court costs.
LRB103 35883 LNS 65968 b
A BILL FOR
SB2740 LRB103 35883 LNS 65968 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Condominium Property Act is amended by
adding Section 18.12 as follows:
(765 ILCS 605/18.12 new)
Sec. 18.12. Parking spaces.
(a) No later than 60 days after the effective date of this
amendatory Act of the 103rd General Assembly, the board of
managers shall adopt a policy to reasonably accommodate a unit
owner who is a person with a disability who requires an
accessible parking space to ensure that person has access to
the building.
(b) For an association that sells parking spaces, on and
after the effective date of this amendatory Act of the 103rd
General Assembly, if an owner of an accessible parking space
is unable to sell the accessible parking space to a qualified
user, the board of managers shall purchase the parking space
for fair market value and ensure that the space remains
available to persons with disabilities who require an
accessible parking space.
(c) A unit owner who is a person with a disability who
requires an accessible parking space may bring a civil action

SB2740 - 2 - LRB103 35883 LNS 65968 b