Upcoming deadline for Illinois condominium associations
As previously mentioned in this column, the new Section 18.12 of the Illinois Condominium Property Act (the “Act”) went into effect Jan. 1, 2025. This new law addresses accessible parking for individuals with disabilities within condominium associations.
The primary impact of the new law requires condominium boards to adopt a written policy and procedure to accommodate requests for accessible parking from disabled owners. The policy must be adopted no later than April 1, 2025. A brief summary of the key points of the new law:
Condominium associations with parking facilities must adopt a written policy to accommodate requests for accessible parking from disabled owners. Since the policy or procedure is required by statute, the policy can be adopted at a regular open board meeting (as opposed to the formal process for adopting rules and regulations). The written policy must provide a timeline for the board to review requests not more than 45 days from the date they are submitted and that the board decide on whether to grant the request within a “reasonable period of time.” Copies of the approved policy must also be given to any owner upon request.
In cases where accessible parking spaces are common elements or leased by the association, the policy must give disabled owners priority over nondisabled owners for the use of these spaces. If a nondisabled owner is using an accessible space, they must relinquish it when a disabled owner’s request is approved.
For accessible spaces that are either deeded or limited common elements, disabled owners can request to exchange their standard parking space for an accessible one. The board is required to make reasonable efforts to facilitate such exchanges.
Your condominium board should seek assistance from the association attorney as to the proper policy and adoption process to achieve compliance with Section 18.12 of the Act.
Q. The recorded declaration of covenants for our association is very old and outdated. The documents, however, are silent on the procedure to amend. We have been informed that, since the governing documents are silent on the amendment process, an amendment requires 100% approval of the owners. Is that correct?
A. If your association is a condominium, the Section 27 of the Condominium Act provides that, unless otherwise provided in the Act, the condominium instruments are amended only upon the affirmative vote of two-thirds of those voting or upon the majority specified by the condominium instruments, provided that in no event shall the condominium instruments require more than a three-quarters vote of all unit owners.
Approval of a certain percentage of any mortgagees (lenders) or record may be required under the provisions of the condominium instruments or Act. So, if a condominium declaration is silent as to the amendment procedure, the condominium instruments could be amended upon the affirmative vote of two-thirds of those voting as opposed to 100% (unless otherwise required by the Act).
If your association is not a condominium and therefore not subject to the Condominium Act, you will likely have to obtain 100% approval of the owners to amend the declaration — which may be a difficult task. If the board pursues an amendment under these circumstances, the board should consider including a provision whereby any future Declaration amendments require either two-thirds or three-fourths of the owners approval. In some instances, an association can request a court to reform the declaration if the amendment procedure is “impossible,” but that is not the same as “impractical” or “difficult.”
• Matthew Moodhe is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.