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Public Act 096-1436
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| HB5429 Enrolled | LRB096 18011 AJO 33383 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Homeowners' Solar Rights Act.
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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.
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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 |
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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.
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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.
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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 |
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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.
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Section 25. Standards and requirements. A solar energy |
system shall meet applicable standards and requirements |
imposed by State and local permitting authorities.
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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.
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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 |
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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.
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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.
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Section 45. Inapplicability. This Act shall not apply to |
any building which is greater than 30 feet in height. |