Full Text of HB3390 98th General Assembly
HB3390eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Condominium Property Act is amended by | 5 | | adding Section 18.4a as follows: | 6 | | (765 ILCS 605/18.4a new) | 7 | | Sec. 18.4a. Installation of solar and wind energy devices. | 8 | | (a) In addition to the powers and duties of the board of | 9 | | managers set forth in Section 18.4 of this Act and | 10 | | notwithstanding any other law to the contrary, or any | 11 | | provisions in the declaration of any project or in the bylaws | 12 | | of any association, the board of managers has the authority to | 13 | | install, cause the installation of, or lease or license the | 14 | | common elements for the installation of solar energy devices | 15 | | and wind energy devices on the common elements; provided that | 16 | | solar or wind energy devices may not be installed upon any | 17 | | limited common element without the consent of the owner or | 18 | | owners of the unit or units for which use of the limited common | 19 | | element is reserved. | 20 | | (b) The installation of solar energy devices and wind | 21 | | energy devices on the common elements by the board shall not be | 22 | | deemed to alter, impair, or diminish the common interest, | 23 | | common elements, or easements appurtenant to each unit or to be |
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| 1 | | a structural alteration or addition to the property, provided | 2 | | that the installation does not directly affect any | 3 | | nonconsenting unit owner. | 4 | | (c) As used in this Section: | 5 | | (1) "Directly affect" means the installation of solar | 6 | | energy devices or wind energy devices in a manner which | 7 | | would specially, personally, and adversely affect an | 8 | | individual unit owner in a manner not common to the unit | 9 | | owners as a whole. | 10 | | (2) "Solar energy device" means any new identifiable | 11 | | facility, equipment, apparatus, or the like which makes use | 12 | | of solar energy for heating, cooling, or reducing the use | 13 | | of other types of energy dependent upon fossil fuel for its | 14 | | generation; provided that if the equipment as it is sold to | 15 | | consumers cannot be used as a solar device without | 16 | | incorporation with other equipment, it shall be installed | 17 | | in place and ready to be operational to qualify as a solar | 18 | | energy device. "Solar energy device" does not include | 19 | | skylights or windows. | 20 | | (3) "Wind energy device" means any new identifiable | 21 | | facility, equipment, apparatus, or the like which makes use | 22 | | of wind energy for producing electricity or reducing the | 23 | | use of other types of energy that are dependent upon fossil | 24 | | fuel for generation; provided that if the facility, | 25 | | equipment, apparatus, or the like cannot be used as a wind | 26 | | energy device without incorporation with other equipment, |
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| 1 | | it shall be installed in place and ready to be operational | 2 | | to qualify as a wind energy device.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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