Bill Status of SB2740  103rd General Assembly


Short Description:  CONDOS-ACCESSIBLE PARKING

Senate Sponsors
Sen. Dan McConchie - Sara Feigenholtz - Mary Edly-Allen - Adriane Johnson, Mike Simmons, Robert F. Martwick, Meg Loughran Cappel, Suzy Glowiak Hilton, Cristina Castro, Andrew S. Chesney and Tom Bennett

House Sponsors
(Rep. Kelly M. Cassidy)

Last Action
DateChamber Action
  8/9/2024SenatePublic Act . . . . . . . . . 103-0916

Statutes Amended In Order of Appearance
765 ILCS 605/18.12 new


Synopsis As Introduced
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.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. 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.

House Floor Amendment No. 2
Provides that an aggrieved unit owner, an aggrieved prospective unit owner, or the board of managers may commence a civil action in State court against a developer or declarant who fails to comply with its requirements regarding accessible parking spaces. Allows the court to award declaratory relief, actual damages, punitive damages and, if appropriate, equitable relief if it finds that the developer or declarant failed to comply with the requirements. Provides that the condominium association shall not be held liable for the failure of the developer or declarant to comply with its requirements regarding accessible parking spaces.

Actions 
DateChamber Action
  1/12/2024SenateFiled with Secretary by Sen. Dan McConchie
  1/12/2024SenateFirst Reading
  1/12/2024SenateReferred to Assignments
  1/31/2024SenateAssigned to Judiciary
  3/7/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dan McConchie
  3/7/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/12/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/12/2024SenateSenate Committee Amendment No. 1 Adopted
  3/13/2024SenateDo Pass as Amended Judiciary; 009-000-000
  3/13/2024SenatePlaced on Calendar Order of 2nd Reading March 14, 2024
  3/14/2024SenateSecond Reading
  3/14/2024SenatePlaced on Calendar Order of 3rd Reading March 20, 2024
  3/14/2024SenateAdded as Chief Co-Sponsor Sen. Sara Feigenholtz
  3/14/2024SenateAdded as Chief Co-Sponsor Sen. Mary Edly-Allen
  3/14/2024SenateAdded as Chief Co-Sponsor Sen. Adriane Johnson
  3/14/2024SenateAdded as Co-Sponsor Sen. Mike Simmons
  3/14/2024SenateAdded as Co-Sponsor Sen. Robert F. Martwick
  3/14/2024SenateAdded as Co-Sponsor Sen. Meg Loughran Cappel
  3/14/2024SenateAdded as Co-Sponsor Sen. Suzy Glowiak Hilton
  3/14/2024SenateAdded as Co-Sponsor Sen. Cristina Castro
  3/20/2024SenateAdded as Co-Sponsor Sen. Andrew S. Chesney
  4/9/2024SenateAdded as Co-Sponsor Sen. Tom Bennett
  4/9/2024SenateThird Reading - Passed; 055-000-000
  4/10/2024HouseArrived in House
  4/11/2024HouseChief House Sponsor Rep. Kelly M. Cassidy
  4/11/2024HouseFirst Reading
  4/11/2024HouseReferred to Rules Committee
  4/24/2024HouseAssigned to Housing
  4/30/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
  4/30/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/1/2024HouseDo Pass / Short Debate Housing; 016-000-000
  5/1/2024HouseHouse Committee Amendment No. 1 Tabled
  5/1/2024HousePlaced on Calendar 2nd Reading - Short Debate
  5/3/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
  5/3/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/13/2024HouseHouse Floor Amendment No. 2 Rules Refers to Housing
  5/15/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Housing; 012-000-000
  5/16/2024HouseSecond Reading - Short Debate
  5/16/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  5/17/2024HouseThird Reading/Final Action Deadline Extended-9(b) May 24, 2024
  5/21/2024HouseHouse Floor Amendment No. 2 Adopted
  5/21/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2024HouseThird Reading - Short Debate - Passed 113-000-000
  5/21/2024SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/21/2024SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 21, 2024
  5/22/2024SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Dan McConchie
  5/22/2024SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/23/2024SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Judiciary
  5/23/2024SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 008-000-000
  5/24/2024SenateHouse Floor Amendment No. 2 Senate Concurs 058-000-000
  5/24/2024SenateSenate Concurs
  5/24/2024SenatePassed Both Houses
  6/21/2024SenateSent to the Governor
  8/9/2024SenateGovernor Approved
  8/9/2024SenateEffective Date January 1, 2025
  8/9/2024SenatePublic Act . . . . . . . . . 103-0916