Public Act 103-0296
 
HB2174 EnrolledLRB103 26885 LNS 53249 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Homeowners' Energy Policy Statement Act is
amended by changing Sections 20, 25, 30, and 40 as follows:
 
    (765 ILCS 165/20)
    Sec. 20. Deed restrictions; covenants.
    (a) 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, or be required to utilize
specific technology, including, but not limited to, solar
shingles rather than traditional solar panels, 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 configuration of
the elements of a solar energy system on a given roof face,
provided that it may not prohibit elements of the system from
being installed on any roof face and that any such
determination may not reduce the production of the solar
energy system by more than 10%. For the purposes of this
Section, "production" means the estimated annual electrical
production of the solar energy system.
    (b) Within 90 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 association shall
adopt a written an energy policy statement. Any energy policy
statement, regardless of when adopted, shall explicitly
include as the minimum standards the terms of this Section but
may also include standards 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. A written energy policy statement may not condition
approval of an application on approval by adjacent property
owners. An association may not inquire into a property owner's
energy usage, impose conditions impairing the operation of a
solar energy system, impose conditions negatively impacting
any component industry standard warranty, or require
post-installation reporting. Nor may a property owner be
denied permission to install a solar energy system based on
system ownership or financing method chosen by the property
owner. Notwithstanding the foregoing, an association's written
energy policy statement may impose reasonable conditions
concerning the maintenance, repair, replacement, and ultimate
removal of damaged or inoperable systems so long as such
conditions are not more onerous than the association's
analogous conditions for nonsolar projects. An association
shall disclose, upon request, its written energy policy
statement and shall include the statement in its homeowners'
common interest community, or condominium unit owners'
association declaration.
    (c) Any provision of a homeowners' common interest
community or condominium unit owners' declaration or energy
policy statement that conflicts with this Act shall be void
and unenforceable as contrary to public policy.
(Source: P.A. 102-161, eff. 7-26-21.)
 
    (765 ILCS 165/25)
    Sec. 25. Standards and requirements. A solar energy system
shall meet applicable standards and requirements imposed by
State and local permitting authorities other than a
homeowners' association, common interest community
association, or condominium unit owners' association.
(Source: P.A. 96-1436, eff. 1-1-11.)
 
    (765 ILCS 165/30)
    Sec. 30. Application for approval.
    (a) Whenever approval is required for the installation or
use of a solar energy system, the application for approval
shall be made available in hard copy form at a property owner's
request or, if the association maintains a website, through
the website. An association need not utilize an application
form specific to solar installations. An association may not
impose any fee for submitting an application pertaining to a
solar energy system above that which it assesses for any other
application related to changes to property. The application
shall be processed by the appropriate approving entity of the
association within 30 75 days of the submission of the
application. At the request of the property owner, an
association may communicate with the property owner's solar
energy system contractor.
    (b) If However, if an application is submitted before a
written an energy policy statement is adopted by an
association, the application shall be processed within 120
days from the date the property owner submitted the
application 75-day period shall not begin to run until the
date that the policy is adopted.
    (c) If an association fails to adopt a written solar
energy policy statement consistent with this Act or process an
application for approval within the specified time, the
property owner may proceed with the installation or use of the
proposed solar energy system notwithstanding any other policy
or provision in the homeowners' common interest community or
condominium unit owners' association declaration. Before a
property owner may proceed with such installation or use, the
property owner must first give the association written notice
of the alleged failure and 10 business days to cure that
alleged failure. During those 10 business days, the
association may only adopt the policy statement or process the
application; the association may not take other action,
including, but not limited to, seeking injunctive relief,
during those 10 business days. In such situations, an
association may not impose fines or otherwise penalize a
property owner for exercising the property owner's rights
under this Act.
    (d) A property owner may resubmit an application for
approval previously denied by an association; any such
resubmitted application shall be evaluated under the changes
made by this amendatory Act of the 103rd General Assembly.
(Source: P.A. 102-161, eff. 7-26-21.)
 
    (765 ILCS 165/40)
    Sec. 40. Costs; attorney's fees. In any litigation arising
under this Act or involving the application of this Act, the
prevailing party shall be entitled to costs and reasonable
attorney's fees.
(Source: P.A. 96-1436, eff. 1-1-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2023