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| | HB0991 Engrossed | | 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 Engrossed | - 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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