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| | HB3390 Engrossed | | LRB098 07552 HEP 37623 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Condominium Property Act is amended by |
| 5 | | adding Section 18.4a as follows:
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| 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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| | HB3390 Engrossed | - 2 - | LRB098 07552 HEP 37623 b |
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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, |