Rep. Carol A. Sente

Filed: 4/6/2011

 

 


 

 


 
09700HB0991ham002LRB097 03811 AJO 54045 a

1
AMENDMENT TO HOUSE BILL 991

2    AMENDMENT NO. ______. Amend House Bill 991 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Homeowners' Solar Rights Act is amended by
5changing Sections 1 and 20 as follows:
 
6    (765 ILCS 165/1)
7    Sec. 1. Short title. This Act may be cited as the
8Homeowners' Energy Policy Statement Solar Rights Act.
9(Source: P.A. 96-1436, eff. 1-1-11.)
 
10    (765 ILCS 165/20)
11    Sec. 20. Deed restrictions; covenants. No deed
12restrictions, covenants, or similar binding agreements running
13with the land shall prohibit or have the effect of prohibiting
14a solar energy system from being installed on a building
15erected on a lot or parcel covered by the deed restrictions,

 

 

09700HB0991ham002- 2 -LRB097 03811 AJO 54045 a

1covenants, or binding agreements, if the building is subject to
2a homeowners' association, common interest community
3association, or condominium unit owners' association. A
4property owner may not be denied permission to install a solar
5energy system by any entity granted the power or right in any
6deed restriction, covenant, or similar binding agreement to
7approve, forbid, control, or direct alteration of property.
8However, for purposes of this Act, the entity may determine the
9specific location where a solar energy system may be installed
10on the roof within an orientation to the south or within 45
11degrees east or west of due south provided that the
12determination does not impair the effective operation of the
13solar energy system. Within 120 days after a homeowners'
14association, common interest community association, or
15condominium unit owners' association receives a request for a
16policy statement or an application from an association member,
17the Each homeowners' association, common interest community
18association, or condominium unit owners' association shall
19adopt an energy policy statement regarding: (i) the location,
20design, and architectural requirements of solar energy
21systems; and (ii) whether a wind energy collection, rain water
22collection, or composting system is allowed, and, if so, the
23location, design, and architectural requirements of those
24systems within 120 days after an association receives a request
25for a policy statement or an application from an association
26member. An association shall disclose, upon request, its energy

 

 

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1policy statement and shall include the statement in its
2homeowners' common interest community, or condominium unit
3owners' association declaration.
4(Source: P.A. 96-1436, eff. 1-1-11.)".