Illinois General Assembly

Previous General Assemblies

Public Act 096-1436


 

Public Act 1436 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1436
 
HB5429 EnrolledLRB096 18011 AJO 33383 b

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

Effective Date: 1/1/2011