Illinois General Assembly - Full Text of SB2740
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Full Text of SB2740  103rd General Assembly

SB2740sam001 103RD GENERAL ASSEMBLY

Sen. Dan McConchie

Filed: 3/7/2024

 

 


 

 


 
10300SB2740sam001LRB103 35883 JRC 70745 a

1
AMENDMENT TO SENATE BILL 2740

2    AMENDMENT NO. ______. Amend Senate Bill 2740 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10300SB2740sam001- 2 -LRB103 35883 JRC 70745 a

1policy shall be given to any unit owner upon request. The board
2of managers shall adopt such policy no later than 90 days after
3the effective date of this amendatory Act of the 103rd General
4Assembly for condominiums existing on said effective date or
590 days after the date of the election of the initial board of
6managers pursuant to Section 18.2 of this Act.
7    (b) The board of managers shall make reasonable efforts to
8facilitate a resolution between unit owners to provide for
9accessible parking when the association does not own or
10otherwise control parking that meets the accessible parking
11needs of a unit owner who is a person with a disability who
12requires accessible parking.
13    (c) For all new construction condominiums and conversion
14condominiums submitted to the provisions of this Act after the
15effective date of this amendatory Act of the 103rd General
16Assembly, all accessible parking spaces constructed or created
17in accordance with applicable federal, State, and local
18building and accessibility statutes, codes, and ordinances
19must remain part of the common elements. No developer or
20declarant shall construct, create, or otherwise make parking
21units (a unit as defined in Section 2 of this Act that is a
22parking space) or limited common elements of such accessible
23parking spaces. The board of managers has the authority to
24establish rules and regulations for the use of such common
25element accessible parking spaces, including, but not limited
26to, renting or licensing such common element accessible

 

 

10300SB2740sam001- 3 -LRB103 35883 JRC 70745 a

1parking spaces to non-disabled unit owners, provided that the
2rules and regulations must provide that a unit owner who is a
3person with a disability who requires accessible parking has
4priority over non-disabled unit owners, and that non-disabled
5unit owners must immediately stop using such common element
6accessible parking space when a request by a unit owner who is
7a person with a disability for accessible parking is approved
8by the board.
9    Nothing in this subsection (c) shall preclude a disabled
10person from purchasing a parking unit or a residential unit to
11which a limited common element parking space is assigned, and
12no developer or declarant shall refuse to sell a parking unit
13to a disabled person or assign a limited common element
14parking space to a residential unit purchased by a disabled
15person. If a disabled person purchases a parking unit or a
16residential unit to which a limited common element parking
17space is assigned, that unit owner who is a person with a
18disability who requires accessible parking may request use of
19a common element accessible parking space in exchange for
20permitting the association use of that disabled unit owner's
21parking unit or limited common element parking space.
22    (d) Subsections (a) and (b) apply to all condominiums that
23have parking, regardless of whether the parking comprises
24parking units, limited common elements, common elements, or
25parking rights.".