SB2740 EnrolledLRB103 35883 LNS 65968 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Condominium Property Act is amended by
5adding Section 18.12 as follows:
 
6    (765 ILCS 605/18.12 new)
7    Sec. 18.12. Accessible parking.
8    (a) The board of managers shall adopt a policy to
9reasonably accommodate a unit owner who is a person with a
10disability who requires accessible parking. Such a policy
11shall include, without limitation, the procedure for
12submitting a request for an accessible parking space and the
13time in which the board shall review the request. The time for
14review shall not be more than 45 days from the date the request
15is submitted. The board must review and make a decision on the
16request within a reasonable period of time. A copy of such
17policy shall be given to any unit owner upon request. The board
18of managers shall adopt such policy no later than 90 days after
19the effective date of this amendatory Act of the 103rd General
20Assembly for condominiums existing on said effective date or
2190 days after the date of the election of the initial board of
22managers pursuant to Section 18.2 of this Act.
23    (b) The board of managers shall make reasonable efforts to

 

 

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1facilitate a resolution between unit owners to provide for
2accessible parking when the association does not own or
3otherwise control parking that meets the accessible parking
4needs of a unit owner who is a person with a disability who
5requires accessible parking.
6    (c) For all new construction condominiums and conversion
7condominiums submitted to the provisions of this Act after the
8effective date of this amendatory Act of the 103rd General
9Assembly, all accessible parking spaces constructed or created
10in accordance with applicable federal, State, and local
11building and accessibility statutes, codes, and ordinances
12must remain part of the common elements. No developer or
13declarant shall construct, create, or otherwise make parking
14units (a unit as defined in Section 2 of this Act that is a
15parking space) or limited common elements of such accessible
16parking spaces. The board of managers has the authority to
17establish rules and regulations for the use of such common
18element accessible parking spaces, including, but not limited
19to, renting or licensing such common element accessible
20parking spaces to non-disabled unit owners, provided that the
21rules and regulations must provide that a unit owner who is a
22person with a disability who requires accessible parking has
23priority over non-disabled unit owners, and that non-disabled
24unit owners must immediately stop using such common element
25accessible parking space when a request by a unit owner who is
26a person with a disability for accessible parking is approved

 

 

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1by the board.
2    Nothing in this subsection (c) shall preclude a disabled
3person from purchasing a parking unit or a residential unit to
4which a limited common element parking space is assigned, and
5no developer or declarant shall refuse to sell a parking unit
6to a disabled person or assign a limited common element
7parking space to a residential unit purchased by a disabled
8person. If a disabled person purchases a parking unit or a
9residential unit to which a limited common element parking
10space is assigned, that unit owner who is a person with a
11disability who requires accessible parking may request use of
12a common element accessible parking space in exchange for
13permitting the association use of that disabled unit owner's
14parking unit or limited common element parking space.
15    (d) Subsections (a) and (b) apply to all condominiums that
16have parking, regardless of whether the parking comprises
17parking units, limited common elements, common elements, or
18parking rights.
19    (e) An aggrieved unit owner, an aggrieved prospective unit
20owner, or the board of managers may commence a civil action in
21State court against a developer or declarant who fails to
22comply with its requirements under subsection (c). If the
23court finds that the developer or declarant failed to comply
24with these requirements, it may award declaratory relief,
25actual damages, punitive damages and, if appropriate,
26equitable relief.

 

 

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1    The condominium association shall not be held liable for
2the failure of the developer or declarant to comply with its
3requirements under subsection (c).