Rep. Carol A. Sente
Filed: 3/11/2011
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1 | AMENDMENT TO HOUSE BILL 991
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2 | AMENDMENT NO. ______. Amend House Bill 991 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Homeowners' Solar Rights Act is amended by | ||||||
5 | changing Section 20 as follows: | ||||||
6 | (765 ILCS 165/20)
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7 | Sec. 20. Deed restrictions; covenants. No deed | ||||||
8 | restrictions, covenants, or similar binding agreements running | ||||||
9 | with the land shall prohibit or have the effect of prohibiting | ||||||
10 | a solar energy system from being installed on a building | ||||||
11 | erected on a lot or parcel covered by the deed restrictions, | ||||||
12 | covenants, or binding agreements, if the building is subject to | ||||||
13 | a homeowners' association, common interest community | ||||||
14 | association, or condominium unit owners' association. A | ||||||
15 | property owner may not be denied permission to install a solar | ||||||
16 | energy system by any entity granted the power or right in any |
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1 | deed restriction, covenant, or similar binding agreement to | ||||||
2 | approve, forbid, control, or direct alteration of property. | ||||||
3 | However, for purposes of this Act, the entity may determine the | ||||||
4 | specific location where a solar energy system may be installed | ||||||
5 | on the roof within an orientation to the south or within 45 | ||||||
6 | degrees east or west of due south provided that the | ||||||
7 | determination does not impair the effective operation of the | ||||||
8 | solar energy system. Each homeowners' association, common | ||||||
9 | interest community association, or condominium unit owners' | ||||||
10 | association shall adopt an energy policy statement regarding | ||||||
11 | the location, design, and architectural requirements of | ||||||
12 | composting, rainwater collection, solar energy , or wind energy | ||||||
13 | collection systems within 120 days after an association | ||||||
14 | receives a request for a policy statement or an application | ||||||
15 | from an association member. An association shall disclose, upon | ||||||
16 | request, its energy policy statement and shall include the | ||||||
17 | statement in its homeowners' common interest community, or | ||||||
18 | condominium unit owners' association declaration.
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19 | (Source: P.A. 96-1436, eff. 1-1-11.)".
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