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| Public Act 103-0296 | ||||
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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 5. The Homeowners' Energy Policy Statement Act is | ||||
amended by changing Sections 20, 25, 30, and 40 as follows: | ||||
(765 ILCS 165/20)
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Sec. 20. Deed restrictions; covenants. | ||||
(a) 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, or be required to utilize | ||||
specific technology, including, but not limited to, solar | ||||
shingles rather than traditional solar panels, 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 configuration of | ||||
the elements of a solar energy system on a given roof face, | ||||
provided that it may not prohibit elements of the system from | ||
being installed on any roof face and that any such | ||
determination may not reduce the production of the solar | ||
energy system by more than 10%. For the purposes of this | ||
Section, "production" means the estimated annual electrical | ||
production of the solar energy system. | ||
(b) Within 90 days after a homeowners' association, common | ||
interest community association, or condominium unit owners' | ||
association receives a request for a policy statement or an | ||
application from an association member, the association shall | ||
adopt a written an energy policy statement. Any energy policy | ||
statement, regardless of when adopted, shall explicitly | ||
include as the minimum standards the terms of this Section but | ||
may also include standards regarding: (i) the location, | ||
design, and architectural requirements of solar energy | ||
systems; and (ii) whether a wind energy collection, rain water | ||
collection, or composting system is allowed, and, if so, the | ||
location, design, and architectural requirements of those | ||
systems. A written energy policy statement may not condition | ||
approval of an application on approval by adjacent property | ||
owners. An association may not inquire into a property owner's | ||
energy usage, impose conditions impairing the operation of a | ||
solar energy system, impose conditions negatively impacting | ||
any component industry standard warranty, or require | ||
post-installation reporting. Nor may a property owner be | ||
denied permission to install a solar energy system based on | ||
system ownership or financing method chosen by the property | ||
owner. Notwithstanding the foregoing, an association's written | ||
energy policy statement may impose reasonable conditions | ||
concerning the maintenance, repair, replacement, and ultimate | ||
removal of damaged or inoperable systems so long as such | ||
conditions are not more onerous than the association's | ||
analogous conditions for nonsolar projects. An association | ||
shall disclose, upon request, its written energy policy | ||
statement and shall include the statement in its homeowners' | ||
common interest community, or condominium unit owners' | ||
association declaration. | ||
(c) Any provision of a homeowners' common interest | ||
community or condominium unit owners' declaration or energy | ||
policy statement that conflicts with this Act shall be void | ||
and unenforceable as contrary to public policy.
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(Source: P.A. 102-161, eff. 7-26-21.) | ||
(765 ILCS 165/25)
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Sec. 25. Standards and requirements. A solar energy system | ||
shall meet applicable standards and requirements imposed by | ||
State and local permitting authorities other than a | ||
homeowners' association, common interest community | ||
association, or condominium unit owners' association.
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(Source: P.A. 96-1436, eff. 1-1-11.) | ||
(765 ILCS 165/30)
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Sec. 30. Application for approval. | ||
(a) Whenever approval is required for the installation or | ||
use of a solar energy system, the application for approval | ||
shall be made available in hard copy form at a property owner's | ||
request or, if the association maintains a website, through | ||
the website. An association need not utilize an application | ||
form specific to solar installations. An association may not | ||
impose any fee for submitting an application pertaining to a | ||
solar energy system above that which it assesses for any other | ||
application related to changes to property. The application | ||
shall be processed by the appropriate approving entity of the | ||
association within 30 75 days of the submission of the | ||
application. At the request of the property owner, an | ||
association may communicate with the property owner's solar | ||
energy system contractor.
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(b) If However, if an application is submitted before a | ||
written an energy policy statement is adopted by an | ||
association, the application shall be processed within 120 | ||
days from the date the property owner submitted the | ||
application 75-day period shall not begin to run until the | ||
date that the policy is adopted.
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(c) If an association fails to adopt a written solar | ||
energy policy statement consistent with this Act or process an | ||
application for approval within the specified time, the | ||
property owner may proceed with the installation or use of the | ||
proposed solar energy system notwithstanding any other policy | ||
or provision in the homeowners' common interest community or | ||
condominium unit owners' association declaration. Before a | ||
property owner may proceed with such installation or use, the | ||
property owner must first give the association written notice | ||
of the alleged failure and 10 business days to cure that | ||
alleged failure. During those 10 business days, the | ||
association may only adopt the policy statement or process the | ||
application; the association may not take other action, | ||
including, but not limited to, seeking injunctive relief, | ||
during those 10 business days. In such situations, an | ||
association may not impose fines or otherwise penalize a | ||
property owner for exercising the property owner's rights | ||
under this Act. | ||
(d) A property owner may resubmit an application for | ||
approval previously denied by an association; any such | ||
resubmitted application shall be evaluated under the changes | ||
made by this amendatory Act of the 103rd General Assembly. | ||
(Source: P.A. 102-161, eff. 7-26-21.) | ||
(765 ILCS 165/40)
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Sec. 40. Costs; attorney's fees. In any litigation arising | ||
under this Act or involving the application of this Act, the | ||
prevailing party shall be entitled to costs and reasonable | ||
attorney's fees.
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(Source: P.A. 96-1436, eff. 1-1-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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