HB0991 EnrolledLRB097 03811 AJO 43848 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Homeowners' Solar Rights Act is amended by
5changing Sections 1 and 20 as follows:
 
6    (765 ILCS 165/1)
7    Sec. 1. Short title. This Act may be cited as the
8Homeowners' Energy Policy Statement Solar Rights Act.
9(Source: P.A. 96-1436, eff. 1-1-11.)
 
10    (765 ILCS 165/20)
11    Sec. 20. Deed restrictions; covenants. No deed
12restrictions, covenants, or similar binding agreements running
13with the land shall prohibit or have the effect of prohibiting
14a solar energy system from being installed on a building
15erected on a lot or parcel covered by the deed restrictions,
16covenants, or binding agreements, if the building is subject to
17a homeowners' association, common interest community
18association, or condominium unit owners' association. A
19property owner may not be denied permission to install a solar
20energy system by any entity granted the power or right in any
21deed restriction, covenant, or similar binding agreement to
22approve, forbid, control, or direct alteration of property.

 

 

HB0991 Enrolled- 2 -LRB097 03811 AJO 43848 b

1However, for purposes of this Act, the entity may determine the
2specific location where a solar energy system may be installed
3on the roof within an orientation to the south or within 45
4degrees east or west of due south provided that the
5determination does not impair the effective operation of the
6solar energy system. Within 120 days after a homeowners'
7association, common interest community association, or
8condominium unit owners' association receives a request for a
9policy statement or an application from an association member,
10the Each homeowners' association, common interest community
11association, or condominium unit owners' association shall
12adopt an energy policy statement regarding: (i) the location,
13design, and architectural requirements of solar energy
14systems; and (ii) whether a wind energy collection, rain water
15collection, or composting system is allowed, and, if so, the
16location, design, and architectural requirements of those
17systems within 120 days after an association receives a request
18for a policy statement or an application from an association
19member. An association shall disclose, upon request, its energy
20policy statement and shall include the statement in its
21homeowners' common interest community, or condominium unit
22owners' association declaration.
23(Source: P.A. 96-1436, eff. 1-1-11.)