Rep. Carol A. Sente
Filed: 4/6/2011
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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 Sections 1 and 20 as follows: | ||||||
6 | (765 ILCS 165/1)
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7 | Sec. 1. Short title. This Act may be cited as the | ||||||
8 | Homeowners' Energy Policy Statement Solar Rights Act.
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9 | (Source: P.A. 96-1436, eff. 1-1-11.) | ||||||
10 | (765 ILCS 165/20)
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11 | Sec. 20. Deed restrictions; covenants. No deed | ||||||
12 | restrictions, covenants, or similar binding agreements running | ||||||
13 | with the land shall prohibit or have the effect of prohibiting | ||||||
14 | a solar energy system from being installed on a building | ||||||
15 | erected on a lot or parcel covered by the deed restrictions, |
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1 | covenants, or binding agreements, if the building is subject to | ||||||
2 | a homeowners' association, common interest community | ||||||
3 | association, or condominium unit owners' association. A | ||||||
4 | property owner may not be denied permission to install a solar | ||||||
5 | energy system by any entity granted the power or right in any | ||||||
6 | deed restriction, covenant, or similar binding agreement to | ||||||
7 | approve, forbid, control, or direct alteration of property. | ||||||
8 | However, for purposes of this Act, the entity may determine the | ||||||
9 | specific location where a solar energy system may be installed | ||||||
10 | on the roof within an orientation to the south or within 45 | ||||||
11 | degrees east or west of due south provided that the | ||||||
12 | determination does not impair the effective operation of the | ||||||
13 | solar energy system. Within 120 days after a homeowners' | ||||||
14 | association, common interest community association, or | ||||||
15 | condominium unit owners' association receives a request for a | ||||||
16 | policy statement or an application from an association member, | ||||||
17 | the Each homeowners' association, common interest community | ||||||
18 | association, or condominium unit owners' association shall | ||||||
19 | adopt an energy policy statement regarding : (i) the location, | ||||||
20 | design, and architectural requirements of solar energy | ||||||
21 | systems ; and (ii) whether a wind energy collection, rain water | ||||||
22 | collection, or composting system is allowed, and, if so, the | ||||||
23 | location, design, and architectural requirements of those | ||||||
24 | systems within 120 days after an association receives a request | ||||||
25 | for a policy statement or an application from an association | ||||||
26 | member . An association shall disclose, upon request, its energy |
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1 | policy statement and shall include the statement in its | ||||||
2 | homeowners' common interest community, or condominium unit | ||||||
3 | owners' association declaration.
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4 | (Source: P.A. 96-1436, eff. 1-1-11.)".
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