A substantial change is on its way for Illinois Condominium Associations beginning January 1, 2025. This is a new transformative approach to accessible parking for residents with disabilities.

Here is what the new rule means and why it matters: Beginning January 1, 2025, the Illinois Condominium Property Act (ICPA) will have new guidelines requiring accessible parking for disabled unit owners. This pivotal change requires each homeowner association (HOA) existing on January 1, 2025, to:

(1) Adopt a written policy to accommodate unit owners with a disability by April 1, 2025,

(2) Provide proactive resolutions and

(3) Ensure that there is new construction compliance.

Once a formal accessible parking request is received, the HOA has no more than 45 days to review the request. The HOA is required to act by making reasonable efforts to meet the accessible parking needs of the disabled unit owner. This includes facilitating resolutions even in scenarios in which 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.

Most importantly, the new ICPA parking rule matters because disabled unit owners are to be prioritized over non-disabled unit owners. Non-disabled unit owners are to immediately relinquish the parking space once a formal request for parking by a disabled unit owner is approved by the board.

In addition, 765 ILCS 605/18.12(c) provides that a disabled person can purchase a parking unit or a residential unit to which a limited common element parking space is assigned. The unit owner with a disability may request the 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.

Lastly, for new or converted condominiums, such a policy must be adopted within 90 days of the election of the initial board. All accessible parking spaces must remain common elements – they cannot be converted into individual parking units.

This legislative update emphasizes ensuring fair and timely access to parking for individuals with disabilities, reshaping how HOAs manage and prioritize parking requests and accessibility.

How will your HOA board adapt to this new requirement?

Leading up to January 1, 2025, HOAs should begin reviewing current parking arrangements to identify potential areas for accommodating disabled residents. Take note, stay informed, and make sure your HOA is prepared to adopt or amend existing parking policies by April 1, 2025.

Our team of experienced attorneys are available to assist you in understanding and navigating this amendment. For more information, please contact Tressler LLP.

For more information about this article, contact Sayra Contreras at scontreras@tresslerllp.com.