The Illinois Condominium Property Act, 765 ILCS 605/1, has a new section – 18.12 about accessible parking spaces. An accessible space means 2 main things: 1) it is close to the shortest route to a building entrance or the owner's unit entrance, and 2) it can be used by owners with disabilities who use wheelchairs, walkers, or other mobility devices so it must be wide enough to accommodate those devices and a van, if required by the owner to transport such device.

The new law applies to condos that have parking not directly attached to an owner's unit by an individual garage or driveway as such parking already provides an owner with accessible parking. It applies to all parking, regardless of whether it is a parking unit assigned or deeded to an owner's unit, a common or limited common element, or parking rights. For common element accessible parking spaces, the board still has the right to establish rules and regulations for their use, including one allows the association to rent or license such spaces to non-disabled owners so long as it also provides that an owner with a disability that requires accessible parking has priority over non-disabled owners and that a non-disabled owner must immediately stop using such a space when a request by an owner with a disability that requires accessible parking is approved by the board.

If an owner with a disability that requires accessible parking purchases a parking unit or a residential unit to which a limited common element parking space is assigned, that owner may request use of a common element accessible parking space in exchange for permitting the association to use the owner's parking space. If the association does not own or control parking that would meet the owner's needs, the board must make reasonable efforts to help owners come to an agreement to provide accessible parking to the owner with a disability.

Under this law, the board must adopt a written policy to address a reasonable accommodation for an owner with a disability who needs accessible parking. The policy must include, at a minimum, the procedure for the owner to submit a request for an accessible parking space and the timeframe for the board's review and response to the request, which must be in a reasonable amount of time that may not be more than 45 days after the request is received. The policy should be adopted by April 1, 2025. Once adopted, a copy of it should be given to any owner that requests it.