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


Rep. Sara Feigenholtz

Filed: 2/25/2010





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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 120
24 days after an association receives a request for a policy
25 statement or an application from an association member. An



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1 association shall disclose, upon request, its energy policy
2 statement and shall include the statement in its homeowners',
3 property owners', or condominium unit owners' association
4 declaration.
5     Section 20. Standards and requirements. A solar energy
6 system shall meet applicable standards and requirements
7 imposed by State and local permitting authorities.
8     Section 25. Application for approval. Whenever approval is
9 required for the installation or use of a solar energy system,
10 the application for approval shall be processed by the
11 appropriate approving entity of the association within 90 days
12 after the submission of the application. However, if an
13 application is submitted before an energy policy statement is
14 adopted by an association, the 90 day period shall not begin to
15 run until the date that the policy is adopted.
16     Section 30. Violations. Any entity, other than a public
17 entity, that willfully violates this Act shall be liable to the
18 applicant for actual damages occasioned thereby and for any
19 other consequential damages. Any entity that complies with the
20 requirements of this Act shall not be liable to any other
21 resident or third party for such compliance.
22     Section 35. Costs; attorney's fees. In any litigation



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1 arising under this Act, the prevailing party shall be entitled
2 to costs and reasonable attorney's fees.".