Case Study: Accessible Parking Policy & Section 18.12 Compliance
Educational Overview: Under Section 18.12 of the Illinois Condominium Property Act (765 ILCS 605/18.12), all condominium associations in Illinois were statutorily required to adopt a formal policy regarding accessible parking accommodations for unit owners and residents with disabilities no later than April 1, 2025.
This page documents the administrative history, board resolutions, timestamped portal postings, and primary source records surrounding Oak Hills Condominium I (Quads) Association's compliance with state law.
Chronology of Administrative Records & Discrepancies
What Is the Accessible Parking Policy? (In Layman's Terms)
The Short Version: Illinois state law passed a requirement in late 2024 (effective January 1, 2025) mandating that every condominium association in Illinois must have a clear, written, official rulebook for handling accessible/handicapped parking requests.
The state gave all condo boards a hard deadline of April 1, 2025, to formally pass and publish this policy.
What the Law Requires the Board to Do:
Set a Timetable: The board must review and respond to any resident's request for accessible parking within 45 days max.
Give Fair Priority: If a resident with a disability needs an accessible parking spot in shared common parking areas, state law requires the association to prioritize that need over non-disabled parking assignments.
Facilitate Space Swaps: If parking spaces are assigned, deeded, or limited common elements, the board must make a reasonable effort to help swap a standard space for an accessible one when needed.
Publish the Rules to Owners: The board cannot keep the policy secret or stash it away—it must be made available to any unit owner who asks for it.
Why This Matters to Oak Hills Owners:
It’s a Mandatory State Law: This was not an optional suggestion; it was a mandatory statutory deadline enacted by the Illinois Legislature (765 ILCS 605/18.12).
Transparency & Fairness: Having an official, legally binding policy ensures that residents with mobility challenges get fair, timely accommodations without administrative delays or arbitrary decisions.
Corporate Accountability: Passing a legally valid resolution on time—and distributing it properly—is a fundamental duty of the Board of Directors and Property Management.
1. Advance Notice & Statutory Mandate (Pre-April 2025)
Prior to the April 1, 2025 statutory deadline, written notifications were delivered to the Style Board Presidents and Community Board members twice highlighting the mandatory requirements under 765 ILCS 605/18.12. The Boards had actual knowledge of the state mandate and the required implementation window.
3. Formal Records Demands & Portal Alterations (July 2026)
July 21, 2026: A formal record request was served on Community Association Manager (CAM) seeking a copy of the association’s active, legally binding accessible parking policy under 765 ILCS 605/19.
July 24, 2026: Management provided a copy of the defective April 21, 2025 resolution (naming Condominium III).
July 29, 2026: Management uploaded a newly modified resolution to the homeowner portal.
2. Execution of the Defective Resolution (April 21, 2025)
On April 21, 2025, a Preamble Resolution was executed by three Quad board members in an attempt to satisfy the state mandate. However, primary record inspection one year later, revealed two major legal and administrative defects:
Incorrect Corporate Entity: The resolution explicitly cited and bound "Oak Hills Condominium III Association" rather than Oak Hills Condominium I Association, rendering the resolution legally defective for Condominium I properties.
Lack of Resident Distribution: Official board meeting audio recordings from April 2025 capture board discussions indicating an intent to refrain from actively distributing or publishing the policy to community residents.
4. The July 27, 2026 Meeting Date Discrepancy
The Portal Claim: The newly uploaded policy claimed to have been formally voted on, approved, signed and adopted at an open board meeting held on July 27, 2026.
The Official Fact: No board meeting occurred on July 27, 2026. The actual July board meeting took place on July 20, 2026. Official published agendas, approved minutes, and meeting audio recordings from July 20, 2026, confirm that no vote, motion, or discussion regarding an accessible parking policy took place.
Primary Source Evidence & Certified Notice Packet
To maintain 100% factual accuracy and complete transparency, the primary source documents, certified mail delivery receipts, and official written notices served on management and legal counsel are provided below for review.
Most Recent Policy Updates
September 2026 Quad Board Meeting
During "New Business" at the September 2026 Quad Board meeting, the Board addressed the accessible parking resolution previously signed in April 2025, stating on the record:
"There was an update to, for the accessibility parking policy that was adopted on 4-21-25. So this policy was adopted in error and we signed for Condominium III Association. There was a clerical error, so we just need to add the policy for Condominium I Association. So motion to approve this correction."
The motion was made and approved. Following the vote, a Quad Board member added:
"The unit owners are assigned, not assigned but get a parking spot. They own the garage door, they own the opener. If somebody handicap moves in, it's up to the handicap person to make a deal with the person to swap parking spots. We cannot force that."
Analysis of Board Statements vs. State Law
The assertion that the Board "cannot force" space swaps or that disability accommodations are strictly a private matter between residents directly conflicts with statutory obligations:
Board Mandate to Facilitate (765 ILCS 605/18.12(b)): Under Illinois law, when accessible parking requests involve deeded or limited common elements (such as assigned garage spaces), the Board of Directors is statutorily required to make reasonable efforts to facilitate space exchanges.
Affirmative Duty: Leaving disability accommodation requests entirely to private resident negotiations abdicates the Board’s administrative duty under state legislation.
October 2026 Meeting & Board Educational Resources
Misinformation surrounding state parking mandates continued during the October 2026 Quad Board meeting.
To ensure accurate governance and understanding, board members and residents can access educational legal summaries through Brainy Board, a free video resource powered by the association's legal counsel, Kovitz Shifrin Nesbit (KSN):
Resource Link: www.brainyboard.com (Free registration required)
Topic Search: KSN short instructional videos covering accessible parking policy requirements under 765 ILCS 605/18.12.
(Note: Official approved meeting minutes for September and October 2026 remain pending publication by property management on the homeowner portal.)