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| | HB0991 Enrolled | | LRB097 03811 AJO 43848 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, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Homeowners' Solar Rights Act is amended by |
| 5 | | changing Sections 1 and 20 as follows:
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| 6 | | (765 ILCS 165/1)
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| 7 | | Sec. 1. Short title. This Act may be cited as the |
| 8 | | Homeowners' Energy Policy Statement Solar Rights Act.
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| 9 | | (Source: P.A. 96-1436, eff. 1-1-11.)
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| 10 | | (765 ILCS 165/20)
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| 11 | | Sec. 20. Deed restrictions; covenants. No deed |
| 12 | | restrictions, covenants, or similar binding agreements running |
| 13 | | with the land shall prohibit or have the effect of prohibiting |
| 14 | | a solar energy system from being installed on a building |
| 15 | | erected on a lot or parcel covered by the deed restrictions, |
| 16 | | covenants, or binding agreements, if the building is subject to |
| 17 | | a homeowners' association, common interest community |
| 18 | | association, or condominium unit owners' association. A |
| 19 | | property owner may not be denied permission to install a solar |
| 20 | | energy system by any entity granted the power or right in any |
| 21 | | deed restriction, covenant, or similar binding agreement to |
| 22 | | approve, forbid, control, or direct alteration of property. |
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| | HB0991 Enrolled | - 2 - | LRB097 03811 AJO 43848 b |
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| 1 | | However, for purposes of this Act, the entity may determine the |
| 2 | | specific location where a solar energy system may be installed |
| 3 | | on the roof within an orientation to the south or within 45 |
| 4 | | degrees east or west of due south provided that the |
| 5 | | determination does not impair the effective operation of the |
| 6 | | solar energy system. Within 120 days after a homeowners' |
| 7 | | association, common interest community association, or |
| 8 | | condominium unit owners' association receives a request for a |
| 9 | | policy statement or an application from an association member, |
| 10 | | the Each homeowners' association, common interest community |
| 11 | | association, or condominium unit owners' association shall |
| 12 | | adopt an energy policy statement regarding: (i) the location, |
| 13 | | design, and architectural requirements of solar energy |
| 14 | | systems; and (ii) whether a wind energy collection, rain water |
| 15 | | collection, or composting system is allowed, and, if so, the |
| 16 | | location, design, and architectural requirements of those |
| 17 | | systems within 120 days after an association receives a request |
| 18 | | for a policy statement or an application from an association |
| 19 | | member. An association shall disclose, upon request, its energy |
| 20 | | policy statement and shall include the statement in its |
| 21 | | homeowners' common interest community, or condominium unit |
| 22 | | owners' association declaration.
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| 23 | | (Source: P.A. 96-1436, eff. 1-1-11.)
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