Illinois General Assembly - Full Text of HB5429
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Full Text of HB5429  96th General Assembly


Judiciary I - Civil Law Committee

Adopted in House Comm. on Feb 24, 2010





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2     AMENDMENT NO. ______. Amend House Bill 5429 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the
5 Homeowners' Solar Rights Act.
6     Section 5. Legislative intent. The legislative intent in
7 enacting this Act is to protect the public health, safety, and
8 welfare by encouraging the development and use of solar energy
9 systems in order to conserve and protect the value of land,
10 buildings, and resources by preventing the adoption of measures
11 which will have the ultimate effect, however unintended, of
12 preventing the use of solar energy systems on homes.
13     Section 10. Associations; prohibitions. Notwithstanding
14 any provision of this Act or other provision of law, the
15 adoption of a bylaw or exercise of any power by the governing



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1 entity of a homeowners' association, property owners'
2 association, or condominium unit owners' association which
3 prohibits or has the effect of prohibiting the installation of
4 a solar energy system is expressly prohibited.
5     Section 15. Deed restrictions; covenants. No deed
6 restrictions, covenants, or similar binding agreements running
7 with the land shall prohibit or have the effect of prohibiting
8 a solar energy system from being installed on a building
9 erected on a lot or parcel covered by the deed restrictions,
10 covenants, or binding agreements. A property owner may not be
11 denied permission to install a solar energy system by any
12 entity granted the power or right in any deed restriction,
13 covenant, or similar binding agreement to approve, forbid,
14 control, or direct alteration of property. However, for
15 purposes of this Act, the entity may determine the specific
16 location where a solar energy system may be installed on the
17 roof within an orientation to the south or within 45 degrees
18 east or west of due south provided that the determination does
19 not impair the effective operation of the solar energy system.
20 Each homeowners' association, property owner's association, or
21 condominium unit owners' association shall adopt an energy
22 policy statement regarding the location, design, and
23 architectural requirements of solar energy systems within 365
24 days after the effective date of this Act or within 120 days
25 after an association receives a request for a policy statement



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1 or an application from an association member, whichever is
2 sooner. An association shall disclose, upon request, its energy
3 policy statement and shall include the statement in its
4 homeowners', property owners', or condominium unit owners'
5 association declaration.
6     Section 20. Standards and requirements. A solar energy
7 system shall meet applicable standards and requirements
8 imposed by State and local permitting authorities.
9     Section 25. Application for approval. Whenever approval is
10 required for the installation or use of a solar energy system,
11 the application for approval shall be processed by the
12 appropriate approving entity within 90 days after the
13 submission of the application. However, if an application is
14 submitted before an energy policy statement is adopted by an
15 association, the 90 day period shall not begin to run until the
16 date that the policy is adopted.
17     Section 30. Violations. Any entity, other than a public
18 entity, that willfully violates this Act shall be liable to the
19 applicant for actual damages occasioned thereby and for any
20 other consequential damages. Any entity that complies with the
21 requirements of this Act shall not be liable to any other
22 resident or third party for such compliance.



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1     Section 35. Costs; attorney's fees. In any litigation
2 arising under this Act, the prevailing party shall be entitled
3 to costs and reasonable attorney's fees.".