Right of First Refusal TL;DR: introduced as HB5502; enacted as P .A. 103-0719;


amend Section 22.2 of the Condominium Property Act; prohibits associations from using a right of first refusal for discriminatory or other unlawful purposes and grants a private right of action; effective January 1, 2025.


HB5502, which is now Public Act 103-0719, was sponsored by Representative Daniel Didech when it was amended with House Committed Amendment No. 1. That amendment changed the bill from its original form to what became law. The bill passed both chambers and was sent to the Governor on June 13, 2024. It was signed into law on July 19, 2024, and will become effective January 1, 2025.


The new law amends Section 22.2 of the Condominium Property Act. It adds new language to the existing provision. The new language expressly provides that a condominium association cannot exercise any right of first refusal to purchase a unit for discriminatory or otherwise unlawful purpose. The new language also grants an aggrieved party the right to file a lawsuit against the condominium association that violates said Section 22.2.


The new law benefits existing unit owners who desire to sell their unit when their condominium association attempts to interfere with a proposed sale by using a right of first refusal to purchase for unlawful purposes. It is CAI’s understanding that this new law was pushed by the Realtors organization in response to what occurred in some sale transactions. Although the problem addressed by the new law is not widespread and an overwhelming majority of condominium associations do not use any right of first refusal for improper reasons, unlawful discrimination is a serious issue. CAI found that the limited scope of this new law would not adversely affect condominiums. Accordingly, CAI did not actively oppose the new law.


Accessible Parking TL;DR: introduced as HB2740; enacted as P .A. 103-0916;


creates new Section 18.12 of the Condominium Property Act; prohibits the creation and sale of accessible parking units in new construction and conversion condominiums; effective January 1, 2025.


SB2740, which is not Public Act 103-0916, was sponsored by Senator Dan McConchie. It was amended in both the Senate and the House. It passed both chambers and was sent to the Governor on June 21, 2024. It was signed into law on August 9, 2024, and becomes effective January 1, 2025.


The new law amends the Condominium Property Act by creating a new Section 18.12 dealing with accessible parking. It provides that developers of new construction and conversion condominiums cannot create and separately sell accessible parking space units. Instead, those accessible parking spaces must remain part of the common elements. This allows the association to have control over the accessible parking spaces and make them available to people who have a disability. The new law requires the board to adopt a policy to reasonably accommodate someone with a disability who requires accessible parking.


Such a policy must include the procedure of submitting a request for accessible parking and that a request must be reviewed within 45 days from the date of submission. The policy must be adopted by the board by April 1, 2025. The new law also requires the board to make reasonable efforts to facilitate a resolution between owners to provide accessible parking when the association does not control an accessible parking space, but another unit owner does. The new law grants an aggrieved owner or the board the right to file a lawsuit against a developer who fails to comply with the provision prohibiting the creation and sale of an accessible parking space unit.


The new law benefits disabled people who live in a condominium and have a need for accessible parking. It also benefits associations because it provides some guidance to boards as to their role in addressing accessible parking needs. It also requires an association to plan for a situation in which accessible parking may be requested by requiring the association to have a policy in place. Perhaps most importantly, it aims to prevent situations in which an accessible parking space is privately owned by a non- disabled person by requiring accessible parking to remain part of the common elements. This gives the association control over such parking to ensure its availability when a need arises. The new law does allow an association to rent or allow non-disabled people to use accessible parking when no disabled persons have a need for the parking, provided that the accessible parking space can be made available when a request is made.


CAI worked closely with the sponsor and other stakeholders on this new law. CAI’s efforts helped shape the law so that it addresses one significant source of accessible parking issues on a prospective basis; specifically, privately owned accessible parking units. Also, to ensure that the law is the least restrictive on associations while achieving the goals of the sponsor.


Please support the efforts of the Illinois Legislative Action Committee (ILAC) and donate to help pay for our lobbyist who builds relationships for us and allows us to have a voice with the legislators in Springfield. Donations can be made at: https://advocacy.caionline.org/lac-donation-form/


Additionally, consider donating to the Illinois Political Action Committee (PAC) who contributes funds to legislators who help us with community association legislation. The PAC is an important component of CAI’s presence in the legislative process. Donation can be made at: https://www.cai-illinois.org/ilac/cai-pac-illinois/


This article is for informational purposes only and does not constitute legal advice. Community associations should consult with their attorney about how the new laws affect them and what action, if any, must be taken to comply with the new laws.


www.cai-illinois.org • 847.301.7505 | 21


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56