Bill Text: IL HB0991 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Conveyances Act. Makes a technical change in a Section concerning the Act's short title.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2011-07-14 - Public Act . . . . . . . . . 97-0105 [HB0991 Detail]
Download: Illinois-2011-HB0991-Chaptered.html
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Public Act 097-0105 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Homeowners' Solar Rights Act is amended by | ||||
changing Sections 1 and 20 as follows:
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(765 ILCS 165/1)
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Sec. 1. Short title. This Act may be cited as the | ||||
Homeowners' Energy Policy Statement Solar Rights Act.
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(Source: P.A. 96-1436, eff. 1-1-11.)
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(765 ILCS 165/20)
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Sec. 20. Deed restrictions; covenants. No deed | ||||
restrictions, covenants, or similar binding agreements running | ||||
with the land shall prohibit or have the effect of prohibiting | ||||
a solar energy system from being installed on a building | ||||
erected on a lot or parcel covered by the deed restrictions, | ||||
covenants, or binding agreements, if the building is subject to | ||||
a homeowners' association, common interest community | ||||
association, or condominium unit owners' association. A | ||||
property owner may not be denied permission to install a solar | ||||
energy system by any entity granted the power or right in any | ||||
deed restriction, covenant, or similar binding agreement to | ||||
approve, forbid, control, or direct alteration of property. |
However, for purposes of this Act, the entity may determine the | ||
specific location where a solar energy system may be installed | ||
on the roof within an orientation to the south or within 45 | ||
degrees east or west of due south provided that the | ||
determination does not impair the effective operation of the | ||
solar energy system. Within 120 days after a homeowners' | ||
association, common interest community association, or | ||
condominium unit owners' association receives a request for a | ||
policy statement or an application from an association member, | ||
the Each homeowners' association, common interest community | ||
association, or condominium unit owners' association shall | ||
adopt an energy policy statement regarding : (i) the location, | ||
design, and architectural requirements of solar energy | ||
systems ; and (ii) whether a wind energy collection, rain water | ||
collection, or composting system is allowed, and, if so, the | ||
location, design, and architectural requirements of those | ||
systems within 120 days after an association receives a request | ||
for a policy statement or an application from an association | ||
member . An association shall disclose, upon request, its energy | ||
policy statement and shall include the statement in its | ||
homeowners' common interest community, or condominium unit | ||
owners' association declaration.
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(Source: P.A. 96-1436, eff. 1-1-11.)
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