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Public Act 097-0105
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| HB0991 Enrolled | LRB097 03811 AJO 43848 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, |
represented in the General Assembly:
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Section 5. The Homeowners' Solar Rights Act is amended by |
changing Sections 1 and 20 as follows:
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(765 ILCS 165/1)
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Sec. 1. Short title. This Act may be cited as the |
Homeowners' Energy Policy Statement Solar Rights Act.
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(Source: P.A. 96-1436, eff. 1-1-11.)
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(765 ILCS 165/20)
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Sec. 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. |
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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. Within 120 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 Each homeowners' association, common interest community |
association, or condominium unit owners' association shall |
adopt an energy policy statement 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 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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(Source: P.A. 96-1436, eff. 1-1-11.)
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