HB3390eng 98TH GENERAL ASSEMBLY

HB3390 Engrossed LRB098 07552 HEP 37623 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Condominium Property Act is amended by adding Section 18.4a as follows:

(765 ILCS 605/18.4a new)

Sec. 18.4a. Installation of solar and wind energy devices.

(a) In addition to the powers and duties of the board of managers set forth in Section 18.4 of this Act and notwithstanding any other law to the contrary, or any provisions in the declaration of any project or in the bylaws of any association, the board of managers has the authority to install, cause the installation of, or lease or license the common elements for the installation of solar energy devices and wind energy devices on the common elements; provided that solar or wind energy devices may not be installed upon any limited common element without the consent of the owner or owners of the unit or units for which use of the limited common element is reserved.

(b) The installation of solar energy devices and wind energy devices on the common elements by the board shall not be deemed to alter, impair, or diminish the common interest, common elements, or easements appurtenant to each unit or to be a structural alteration or addition to the property, provided that the installation does not directly affect any nonconsenting unit owner.

(c) As used in this Section:

(1) "Directly affect" means the installation of solar energy devices or wind energy devices in a manner which would specially, personally, and adversely affect an individual unit owner in a manner not common to the unit owners as a whole.

(2) "Solar energy device" means any new identifiable facility, equipment, apparatus, or the like which makes use of solar energy for heating, cooling, or reducing the use of other types of energy dependent upon fossil fuel for its generation; provided that if the equipment as it is sold to consumers cannot be used as a solar device without incorporation with other equipment, it shall be installed in place and ready to be operational to qualify as a solar energy device. "Solar energy device" does not include skylights or windows.

(3) "Wind energy device" means any new identifiable facility, equipment, apparatus, or the like which makes use of wind energy for producing electricity or reducing the use of other types of energy that are dependent upon fossil fuel for generation; provided that if the facility, equipment, apparatus, or the like cannot be used as a wind energy device without incorporation with other equipment, it shall be installed in place and ready to be operational to qualify as a wind energy device.

Section 99. Effective date. This Act takes effect upon becoming law.