Illinois General Assembly - Full Text of HB0991
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Full Text of HB0991  97th General Assembly


Rep. Carol A. Sente

Filed: 3/11/2011





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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 Section 20 as follows:
6    (765 ILCS 165/20)
7    Sec. 20. Deed restrictions; covenants. No deed
8restrictions, covenants, or similar binding agreements running
9with the land shall prohibit or have the effect of prohibiting
10a solar energy system from being installed on a building
11erected on a lot or parcel covered by the deed restrictions,
12covenants, or binding agreements, if the building is subject to
13a homeowners' association, common interest community
14association, or condominium unit owners' association. A
15property owner may not be denied permission to install a solar
16energy system by any entity granted the power or right in any



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1deed restriction, covenant, or similar binding agreement to
2approve, forbid, control, or direct alteration of property.
3However, for purposes of this Act, the entity may determine the
4specific location where a solar energy system may be installed
5on the roof within an orientation to the south or within 45
6degrees east or west of due south provided that the
7determination does not impair the effective operation of the
8solar energy system. Each homeowners' association, common
9interest community association, or condominium unit owners'
10association shall adopt an energy policy statement regarding
11the location, design, and architectural requirements of
12composting, rainwater collection, solar energy, or wind energy
13collection systems within 120 days after an association
14receives a request for a policy statement or an application
15from an association member. An association shall disclose, upon
16request, its energy policy statement and shall include the
17statement in its homeowners' common interest community, or
18condominium unit owners' association declaration.
19(Source: P.A. 96-1436, eff. 1-1-11.)".