Bill Text: IL SB2740 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Condominium Property Act is amended by | ||||||
| 5 | adding Section 18.12 as follows:
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| 6 | (765 ILCS 605/18.12 new) | ||||||
| 7 | Sec. 18.12. Accessible parking. | ||||||
| 8 | (a) The board of managers shall adopt a policy to | ||||||
| 9 | reasonably accommodate a unit owner who is a person with a | ||||||
| 10 | disability who requires accessible parking. Such a policy | ||||||
| 11 | shall include, without limitation, the procedure for | ||||||
| 12 | submitting a request for an accessible parking space and the | ||||||
| 13 | time in which the board shall review the request. The time for | ||||||
| 14 | review shall not be more than 45 days from the date the request | ||||||
| 15 | is submitted. The board must review and make a decision on the | ||||||
| 16 | request within a reasonable period of time. A copy of such | ||||||
| 17 | policy shall be given to any unit owner upon request. The board | ||||||
| 18 | of managers shall adopt such policy no later than 90 days after | ||||||
| 19 | the effective date of this amendatory Act of the 103rd General | ||||||
| 20 | Assembly for condominiums existing on said effective date or | ||||||
| 21 | 90 days after the date of the election of the initial board of | ||||||
| 22 | managers pursuant to Section 18.2 of this Act. | ||||||
| 23 | (b) The board of managers shall make reasonable efforts to | ||||||
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| 1 | facilitate a resolution between unit owners to provide for | ||||||
| 2 | accessible parking when the association does not own or | ||||||
| 3 | otherwise control parking that meets the accessible parking | ||||||
| 4 | needs of a unit owner who is a person with a disability who | ||||||
| 5 | requires accessible parking. | ||||||
| 6 | (c) For all new construction condominiums and conversion | ||||||
| 7 | condominiums submitted to the provisions of this Act after the | ||||||
| 8 | effective date of this amendatory Act of the 103rd General | ||||||
| 9 | Assembly, all accessible parking spaces constructed or created | ||||||
| 10 | in accordance with applicable federal, State, and local | ||||||
| 11 | building and accessibility statutes, codes, and ordinances | ||||||
| 12 | must remain part of the common elements. No developer or | ||||||
| 13 | declarant shall construct, create, or otherwise make parking | ||||||
| 14 | units (a unit as defined in Section 2 of this Act that is a | ||||||
| 15 | parking space) or limited common elements of such accessible | ||||||
| 16 | parking spaces. The board of managers has the authority to | ||||||
| 17 | establish rules and regulations for the use of such common | ||||||
| 18 | element accessible parking spaces, including, but not limited | ||||||
| 19 | to, renting or licensing such common element accessible | ||||||
| 20 | parking spaces to non-disabled unit owners, provided that the | ||||||
| 21 | rules and regulations must provide that a unit owner who is a | ||||||
| 22 | person with a disability who requires accessible parking has | ||||||
| 23 | priority over non-disabled unit owners, and that non-disabled | ||||||
| 24 | unit owners must immediately stop using such common element | ||||||
| 25 | accessible parking space when a request by a unit owner who is | ||||||
| 26 | a person with a disability for accessible parking is approved | ||||||
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