Full Text of HB0991 97th General Assembly
HB0991ham003 97TH GENERAL ASSEMBLY | Rep. Carol A. Sente Filed: 4/7/2011
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| 1 | | AMENDMENT TO HOUSE BILL 991
| 2 | | AMENDMENT NO. ______. Amend House Bill 991, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Homeowners' Solar Rights Act is amended by | 6 | | changing Sections 1 and 20 as follows: | 7 | | (765 ILCS 165/1)
| 8 | | Sec. 1. Short title. This Act may be cited as the | 9 | | Homeowners' 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 | 13 | | restrictions, covenants, or similar binding agreements running | 14 | | with the land shall prohibit or have the effect of prohibiting | 15 | | a solar energy system from being installed on a building |
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| 1 | | erected on a lot or parcel covered by the deed restrictions, | 2 | | covenants, or binding agreements, if the building is subject to | 3 | | a homeowners' association, common interest community | 4 | | association, or condominium unit owners' association. A | 5 | | property owner may not be denied permission to install a solar | 6 | | energy system by any entity granted the power or right in any | 7 | | deed restriction, covenant, or similar binding agreement to | 8 | | approve, forbid, control, or direct alteration of property. | 9 | | However, for purposes of this Act, the entity may determine the | 10 | | specific location where a solar energy system may be installed | 11 | | on the roof within an orientation to the south or within 45 | 12 | | degrees east or west of due south provided that the | 13 | | determination does not impair the effective operation of the | 14 | | solar energy system. Within 120 days after a homeowners' | 15 | | association, common interest community association, or | 16 | | condominium unit owners' association receives a request for a | 17 | | policy statement or an application from an association member, | 18 | | the Each homeowners' association, common interest community | 19 | | association, or condominium unit owners' association shall | 20 | | adopt an energy policy statement regarding : (i) the location, | 21 | | design, and architectural requirements of solar energy | 22 | | systems ; and (ii) whether a wind energy collection, rain water | 23 | | collection, or composting system is allowed, and, if so, the | 24 | | location, design, and architectural requirements of those | 25 | | systems within 120 days after an association receives a request | 26 | | for a policy statement or an application from an association |
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| 1 | | member . An association shall disclose, upon request, its energy | 2 | | policy statement and shall include the statement in its | 3 | | homeowners' common interest community, or condominium unit | 4 | | owners' association declaration.
| 5 | | (Source: P.A. 96-1436, eff. 1-1-11.)".
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