104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5402
 
Introduced 2/13/2026, by Rep. Daniel Didech
 
SYNOPSIS AS INTRODUCED:
 
765 ILCS 165/15
765 ILCS 165/45
    Amends the Homeowners' Energy Policy Statement Act. Provides that the Act applies to any building with a shared roof if (1) a solar energy system is located entirely within that portion of the shared roof owned and maintained by the property owner or (2) all property owners sharing the shared roof agree to install a solar energy system. Provides that the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association may adopt for those buildings with a shared roof that are under its control and that are subject to the Act bylaws or other requirements that set standards regarding the installation, maintenance, and use of solar energy systems, including, but not limited to, regulations that require the governing entity to approve the vendor that will supply, install, or maintain the solar energy system and regulations that grant vendors exclusive rights to perform those functions. Provides that, when exercising powers over properties with shared roofs, a governing entity must act solely in the collective interest of the members of the association; must cooperate with property owners interested in installing, maintaining, or using a solar energy system on property under their ownership or control; and must not delay any request for a decision involving the installation, maintenance, or use of a solar energy system by an association member for more than 60 days. Provides that the failure of a governing entity to comply with these provisions renders voidable any bylaw or other requirement adopted by the governing authority pursuant to the provisions of the amendatory Act.


LRB104 15709 JRC 28891 b

 
 
A BILL FOR
 
HB5402LRB104 15709 JRC 28891 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Homeowners' Energy Policy Statement Act is 
5amended by changing Sections 15 and 45 as follows:
 
6    (765 ILCS 165/15)
7    Sec. 15. Associations; prohibitions.  
8    (a) As used in this Section, "shared roof" has the meaning 
9given to that term in Section 45. 
10    (b) Notwithstanding any provision of this Act or other 
11provision of law, the adoption of a bylaw or exercise of any 
12power by the governing entity of a homeowners' association, 
13common interest community association, or condominium unit 
14owners' association that which prohibits or has the effect of 
15prohibiting property owners from installing, maintaining, or 
16using a solar energy system on property that they own or 
17control the installation of a solar energy system is expressly 
18prohibited, except as provided in subsection (c). 
19    (c) The governing entity of a homeowners' association, 
20common interest community association, or condominium unit 
21owners' association may adopt for those buildings with a 
22shared roof that are under its control and that are subject to 
23this Act under subsection (b) of Section 45 bylaws or other 
 
 
HB5402- 2 -LRB104 15709 JRC 28891 b

1requirements that set standards regarding the installation, 
2maintenance, and use of solar energy systems, including, but 
3not limited to, regulations that require the governing entity 
4to approve the vendor that will supply, install, or maintain 
5the solar energy system and regulations that grant vendors 
6exclusive rights to perform those functions. When exercising 
7the powers described in this subsection (c), a governing 
8entity must act solely in the collective interest of the 
9members of the association; must cooperate with property 
10owners interested in installing, maintaining, or using a solar 
11energy system on property under their ownership or control; 
12and must not delay any request for a decision involving the 
13installation, maintenance, or use of a solar energy system by 
14an association member for more than 60 days. The failure of a 
15governing entity to comply with this subsection renders 
16voidable any bylaw or other requirement adopted by the 
17governing authority under this subsection.
18(Source: P.A. 96-1436, eff. 1-1-11.)
 
19    (765 ILCS 165/45)
20    Sec. 45. Inapplicability; applicability. 
21    (a) This Act shall not apply to any building that: 
22        (1) is greater than 60 feet in height; or
23        (2) has a shared roof and is subject to a homeowners' 
24    association, common interest community association, 
25    condominium unit owners' association.
 
 
HB5402- 3 -LRB104 15709 JRC 28891 b

1    (b) Notwithstanding subsection (a) of this Section, this 
2Act applies to any building with a shared roof if: 
3        (1) the solar energy system is located entirely within 
4    that portion of the shared roof owned and maintained by 
5    the property owner; or
6        (2) all property owners sharing the shared roof agree 
7    to install a solar energy system.
8    (c) As used in this Section, "shared roof" means any roof 
9that (i) serves more than one unit, including, but not limited 
10to, a contiguous roof serving adjacent units, or (ii) is part 
11of the common elements or common area. 
12(Source: P.A. 102-161, eff. 7-26-21.)