SB 2740

Abstract

Amends the Condominium Property Act. Provides that the board of managers of a condominium shall adopt a policy to reasonably accommodate a unit owner who is a person with a disability who requires an accessible parking space to ensure that person has access to the building. Provides that for an association that sells parking spaces, if an owner of an accessible parking space is unable to sell the accessible parking space to a qualified user, the board of managers shall purchase the parking space for fair market value and ensure that the space remains available to persons with disabilities who require an accessible parking space. Provides that a unit owner who is a person with a disability who requires an accessible parking space may bring a civil action against the board of managers to compel the board of managers to provide an accessible parking space. Provides that a prevailing unit owner is entitled to attorney's fees and court costs. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Condominium Property Act. Provides that the board of managers of a condominium must adopt a policy to reasonably accommodate a unit owner who is a person with a disability. Provides that the board of managers must make reasonable efforts to facilitate a resolution between unit owners to provide for accessible parking if 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. Provides that the board of managers must adopt a policy no later than 90 days after the effective date of the Act for existing condominiums or 90 days after the date of the election of the initial board of managers under the Act. Provides that all accessible parking spaces constructed or created in accordance with applicable statutes or ordinances must remain part of the common elements for all new construction condominiums and conversion condominiums submitted after the effective date of the Act. Provides that no developer or declarant shall construct, create, or otherwise make parking units or limited common elements of accessible parking spaces. Provides that any rules or regulations adopted by the board of managers for the use of common element accessible parking spaces must provide that a unit owner who is a person with a disability who requires accessible parking has priority over non-disabled unit owners. Requires the board must review a request for accessible parking within 45 days of receipt of the request to do so. Provides that nothing in this Act precludes a disabled person from purchasing a parking unit or a residential unit to which a limited common element parking space is assigned, and no developer or declarant shall refuse to sell a parking unit to a disabled person or assign a limited common element parking space to a residential unit purchased by a disabled person. Provides that if a disabled person purchases a parking unit or a residential unit to which a limited common element parking space is assigned, that unit owner who is a person with a disability who requires accessible parking may request 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. House Floor Amendment No. 2 Provides that an aggrieved unit owner, an aggrieved prospective unit owner, or the board of managers may commence a civil action in State court against a developer or declarant who fails to comply with its requirements regarding accessible parking spaces. Allows the court to award declaratory relief, actual damages, punitive damages and, if appropriate, equitable relief if it finds that the developer or declarant failed to comply with the requirements. Provides that the condominium association shall not be held liable for the failure of the developer or declarant to comply with its requirements regarding accessible parking spaces.