Section 18.12 was recently added to the Illinois Condominium Property Act and was effective as of January 1, 2025. Section 18.12 requires all condominium associations that have parking to adopt a policy to reasonably accommodate a unit owner who is a person with a disability who requires accessible parking. Many boards understandably have questions about this new requirement. Below are the most frequently asked questions and answers to each.
Q: If my association is subject to Section 18.12, when do we need to adopt our policy?
A: Right away! Policies pursuant to Section 18.12 were to have been adopted by April 1, 2025, so any condominium association that has not yet adopted its policy should take immediate steps to do so. (Better late than never!)
Q: My association does not have common area parking – all parking spaces are deeded parking units – does my association need to adopt a policy?
A: Yes. Section 18.12 applies to all condominiums that have parking, regardless of whether the parking comprises parking units, limited common elements, common elements, or parking rights. If all parking within an association is independently owned and deeded, the board’s obligation under the policy will be limited to facilitating resolution between unit owners, but the policy must be adopted, nonetheless.
Q: My association does not have parking at all, as there is a separate “garage association” that controls all parking that our unit owners utilize. We do not need a policy, right?
A: Well, it depends. As mentioned in the prior answer, new Section 18.12 will apply even if the only parking available to the association and its owners is “parking rights.” Because Section 18.12 is new, no court has yet interpreted what this means, but one reasonable interpretation is that easement rights that provide access to the parking units within an associated garage association are “parking rights.” If your association does not own parking, but its owners have access to parking or the right to park in another part of the development, you should have your governing documents reviewed by legal counsel to determine if Section 18.12 applies to your association. Also, keep in mind that Section 18.12 is intended to ensure that the board of directors addresses a reasonable request for an accommodation related to parking. Hence, even if Section 18.12 does not apply to a condominium association, the request still has to be addressed and considered by the board of directors per the terms of the Fair Housing Act and the Illinois Fair Housing Act.
Q: My condominium association has 100 residential units – how many parking spaces designated for persons with disabilities do we need to create?
A: None. Section 18.12 does not require the board to now designate parking spaces for persons with disabilities. If a condominium association does not already have an obligation to maintain designated parking spaces for disabled persons – and the vast majority of condominium associations do not have such an obligation – nothing in new Section 18.12 now requires that. Rather, Section 18.12 requires that attempts to provide a reasonable accommodation be made. That could mean setting aside and reserving a specific parking space for an owner, even if the parking space is not specifically marked with the required signage and clearance. It could, on the other hand, mean swapping assigned spaces or allowing an owner to routinely utilize guest parking. Reasonable accommodations are fact specific.
Q: Our board received an accommodation request related to parking, but the request came from a tenant and not a unit owner. Is the association’s obligation under our Section 18.12 policy triggered?
A: Yes. While Section 18.12 specifically used the word “owner” when discussing requests for parking accommodations, condominium boards must keep in mind that they are subject to the Fair Housing Act and the Illinois Fair Housing Act. Both require a board to make a reasonable accommodation not just for an owner but also for a tenant or other authorized occupant of a unit. Because a parking request under Section 18.12 really is a request for a reasonable accommodation, it must be read in conjunction with the Fair Housing Act, and requests by tenants, family members, and other non-owner occupants must be duly addressed.
Q: Our association has a lot for guest parking. Should we set aside some of those guest parking spaces for disabled persons?
A: No. Section 18.12 does not require that certain parking be reserved in case an owner or occupant makes a request for accommodation and, further, doing so could prove futile. Until the board receives a request, it cannot know what it must do to provide accommodation. An owner may need parking closer to one entrance door or another, or he may require a space with wide clearance on each side to accommodate assistive walking devices. The better practice is to wait until an accommodation request is received and then determine the best way to address that specific request.
Q: The board received a request for a parking accommodation, but we just had our first quarter meeting. Can we hold the request until our second quarter meeting in 87 days?
A: No. Section 18.12 provides that a request must be reviewed by the board not more than 45 days from the date it was submitted. Also, keep in mind that accommodation requests should be discussed by the board in executive (closed) session only, so the board’s consideration of an application need not be tied into open meeting schedules. Further, all information received from the applicant should be kept confidential.
Q: We have not adopted our policy yet. We want to do it promptly, but we have to adopt it as a rule and give 10 to 30 days’ notice first, right?
A: No. Section 18.12 specifies that the parking accommodation document shall be a “policy” which is adopted by the board without rule-adoption procedures. The Section 18.12 document is a policy (resolution) rather than a rule largely because it is not subject to enforcement. Rather, the parking accommodation policy outlines what the board will do upon receipt of an accommodation request.
Q: We are a non-condominium association, so these FAQs do not matter to our association, right?
A: Not so fast! It is true that only condominium associations have to adopt a policy related to accessible parking requests. However, as stated above, a request for accessible parking to accommodate one’s disability is also a request for an accommodation that is subject to the Fair Housing Act and Illinois Fair Housing Act. Therefore, non-condominium associations may also be requested to provide such accessible parking to an owner or occupant. Further, while non-condominium associations are not legally required to adopt an accessible parking policy, it is a good idea for such associations to adopt a policy addressing how one is to submit a request and how the board will address such requests for accommodations or modifications. In fact, it is good for even condominium associations to expand the accessible parking policy to address all requests for accommodations and modifications. After all, such a policy may help a community association who is alleged to have violated the rights of a disabled person.
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