Public Act 096-1436
 
HB5429 EnrolledLRB096 18011 AJO 33383 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
    Section 1. Short title. This Act may be cited as the 
Homeowners' Solar Rights Act.
 
    Section 5. Legislative intent. The legislative intent in 
enacting this Act is to protect the public health, safety, and 
welfare by encouraging the development and use of solar energy 
systems in order to conserve and protect the value of land, 
buildings, and resources by preventing the adoption of measures 
which will have the ultimate effect, however unintended, of 
preventing the use of solar energy systems on any home that is 
subject to a homeowners' association, common interest 
community association, or condominium unit owners' 
association.
 
    Section 10. Definitions.   In this Act:
    "Solar energy" means radiant energy received from the sun 
at wave lengths suitable for heat transfer, photosynthetic use, 
or photovoltaic use.
    "Solar collector" means:
        (1) an assembly, structure, or design, including 
    passive elements, used for gathering, concentrating, or 
    absorbing direct and indirect solar energy, specially 
    designed for holding a substantial amount of useful thermal 
    energy and to transfer that energy to a gas, solid, or 
    liquid or to use that energy directly; or
        (2) a mechanism that absorbs solar energy and converts 
    it into electricity; or
        (3) a mechanism or process used for gathering solar 
    energy through wind or thermal gradients; or
        (4) a component used to transfer thermal energy to a 
    gas, solid, or liquid, or to convert it into electricity.
    "Solar storage mechanism" means equipment or elements 
(such as piping and transfer mechanisms, containers, heat 
exchangers, or controls thereof, and gases, solids, liquids, or 
combinations thereof) that are utilized for storing solar 
energy, gathered by a solar collector, for subsequent use.
    "Solar energy system" means:
        (1) a complete assembly, structure, or design of solar 
    collector, or a solar storage mechanism, which uses solar 
    energy for generating electricity or for heating or cooling 
    gases, solids, liquids, or other materials; and
        (2) the design, materials, or elements of a system and 
    its maintenance, operation, and labor components, and the 
    necessary components, if any, of supplemental conventional 
    energy systems designed or constructed to interface with a 
    solar energy system.



 
    Section 15. Associations; prohibitions.  Notwithstanding 
any provision of this Act or other provision of law, the 
adoption of a bylaw or exercise of any power by the governing 
entity of a homeowners' association, common interest community 
association, or condominium unit owners' association which 
prohibits or has the effect of prohibiting the installation of 
a solar energy system is expressly prohibited.
 
    Section 20. Deed restrictions; covenants. No deed 
restrictions, covenants, or similar binding agreements running 
with the land shall prohibit or have the effect of prohibiting 
a solar energy system from being installed on a building 
erected on a  lot or parcel covered by the deed restrictions, 
covenants, or binding agreements, if the building is subject to 
a homeowners' association, common interest community 
association, or condominium unit owners' association. A 
property owner may not be denied permission to install a solar 
energy system by any entity granted the power or right in any 
deed restriction, covenant, or similar binding agreement to 
approve, forbid, control, or direct alteration of property. 
However, for purposes of this Act, the entity may determine the 
specific location where a solar energy system may be installed 
on the roof within an orientation to the south or within 45 
degrees east or west of due south provided that the 
determination does not impair the effective operation of the 
solar energy system. Each homeowners' association, common 
interest community association, or condominium unit owners' 
association shall adopt an energy policy statement regarding 
the location, design, and architectural requirements of solar 
energy systems within 120 days after an association receives a 
request for a policy statement or an application from an 
association member. An association shall disclose, upon 
request, its energy policy statement and shall include the 
statement in its homeowners' common interest community, or 
condominium unit owners' association declaration.
 
    Section 25. Standards and requirements. A solar energy 
system shall meet applicable standards and requirements 
imposed by State and local permitting authorities.  
 
    Section 30. Application for approval. Whenever approval is 
required for the installation or use of a solar energy system, 
the application for approval shall be processed by the 
appropriate approving entity of the association within 90 days 
after the submission of the application.
However, if an 
application is submitted before an energy policy statement is 
adopted by an association, the 90 day period shall not begin to 
run until the date that the policy is adopted.
 
    Section 35. Violations. Any entity, other than a public 
entity, that willfully violates this Act shall be liable to the 
applicant for actual damages occasioned thereby and for any 
other consequential damages.
Any entity that complies with the 
requirements of this Act shall not be liable to any other 
resident or third party for such compliance.
 
    Section 40. Costs; attorney's fees. In any litigation 
arising under this Act, the prevailing party shall be entitled 
to costs and reasonable attorney's fees.



 
    Section 45. Inapplicability. This Act shall not apply to 
any building which is greater than 30 feet in height.