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

HB0991ham003 97TH GENERAL ASSEMBLY

Rep. Carol A. Sente

Filed: 4/7/2011

 

 


 

 


 
09700HB0991ham003LRB097 03811 AJO 54112 a

1
AMENDMENT TO HOUSE BILL 991

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

 

 

09700HB0991ham003- 2 -LRB097 03811 AJO 54112 a

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

 

 

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