Illinois 2023-2024 Regular Session

Illinois House Bill HB2174 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0296
2	1		HB2174 EnrolledLRB103 26885 LNS 53249 b HB2174 Enrolled LRB103 26885 LNS 53249 b
3	2		HB2174 Enrolled LRB103 26885 LNS 53249 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Homeowners' Energy Policy Statement Act is
8		-	amended by changing Sections 20, 25, 30, and 40 as follows:
9		-	(765 ILCS 165/20)
10		-	Sec. 20. Deed restrictions; covenants.
11		-	(a) No deed restrictions, covenants, or similar binding
12		-	agreements running with the land shall prohibit or have the
13		-	effect of prohibiting a solar energy system from being
14		-	installed on a building erected on a lot or parcel covered by
15		-	the deed restrictions, covenants, or binding agreements, if
16		-	the building is subject to a homeowners' association, common
17		-	interest community association, or condominium unit owners'
18		-	association. A property owner may not be denied permission to
19		-	install a solar energy system, or be required to utilize
20		-	specific technology, including, but not limited to, solar
21		-	shingles rather than traditional solar panels, by any entity
22		-	granted the power or right in any deed restriction, covenant,
23		-	or similar binding agreement to approve, forbid, control, or
24		-	direct alteration of property. However, for purposes of this
25		-	Act, the entity may determine the specific configuration of
26		-	the elements of a solar energy system on a given roof face,
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Homeowners' Energy Policy Statement Act is
	7	+	5 amended by changing Sections 20, 25, 30, and 40 as follows:
	8	+	6 (765 ILCS 165/20)
	9	+	7 Sec. 20. Deed restrictions; covenants.
	10	+	8 (a) No deed restrictions, covenants, or similar binding
	11	+	9 agreements running with the land shall prohibit or have the
	12	+	10 effect of prohibiting a solar energy system from being
	13	+	11 installed on a building erected on a lot or parcel covered by
	14	+	12 the deed restrictions, covenants, or binding agreements, if
	15	+	13 the building is subject to a homeowners' association, common
	16	+	14 interest community association, or condominium unit owners'
	17	+	15 association. A property owner may not be denied permission to
	18	+	16 install a solar energy system, or be required to utilize
	19	+	17 specific technology, including, but not limited to, solar
	20	+	18 shingles rather than traditional solar panels, by any entity
	21	+	19 granted the power or right in any deed restriction, covenant,
	22	+	20 or similar binding agreement to approve, forbid, control, or
	23	+	21 direct alteration of property. However, for purposes of this
	24	+	22 Act, the entity may determine the specific configuration of
	25	+	23 the elements of a solar energy system on a given roof face,
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28	27
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33		-	provided that it may not prohibit elements of the system from
34		-	being installed on any roof face and that any such
35		-	determination may not reduce the production of the solar
36		-	energy system by more than 10%. For the purposes of this
37		-	Section, "production" means the estimated annual electrical
38		-	production of the solar energy system.
39		-	(b) Within 90 days after a homeowners' association, common
40		-	interest community association, or condominium unit owners'
41		-	association receives a request for a policy statement or an
42		-	application from an association member, the association shall
43		-	adopt a written an energy policy statement. Any energy policy
44		-	statement, regardless of when adopted, shall explicitly
45		-	include as the minimum standards the terms of this Section but
46		-	may also include standards regarding: (i) the location,
47		-	design, and architectural requirements of solar energy
48		-	systems; and (ii) whether a wind energy collection, rain water
49		-	collection, or composting system is allowed, and, if so, the
50		-	location, design, and architectural requirements of those
51		-	systems. A written energy policy statement may not condition
52		-	approval of an application on approval by adjacent property
53		-	owners. An association may not inquire into a property owner's
54		-	energy usage, impose conditions impairing the operation of a
55		-	solar energy system, impose conditions negatively impacting
56		-	any component industry standard warranty, or require
57		-	post-installation reporting. Nor may a property owner be
58		-	denied permission to install a solar energy system based on
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	34	+	1 provided that it may not prohibit elements of the system from
	35	+	2 being installed on any roof face and that any such
	36	+	3 determination may not reduce the production of the solar
	37	+	4 energy system by more than 10%. For the purposes of this
	38	+	5 Section, "production" means the estimated annual electrical
	39	+	6 production of the solar energy system.
	40	+	7 (b) Within 90 days after a homeowners' association, common
	41	+	8 interest community association, or condominium unit owners'
	42	+	9 association receives a request for a policy statement or an
	43	+	10 application from an association member, the association shall
	44	+	11 adopt a written an energy policy statement. Any energy policy
	45	+	12 statement, regardless of when adopted, shall explicitly
	46	+	13 include as the minimum standards the terms of this Section but
	47	+	14 may also include standards regarding: (i) the location,
	48	+	15 design, and architectural requirements of solar energy
	49	+	16 systems; and (ii) whether a wind energy collection, rain water
	50	+	17 collection, or composting system is allowed, and, if so, the
	51	+	18 location, design, and architectural requirements of those
	52	+	19 systems. A written energy policy statement may not condition
	53	+	20 approval of an application on approval by adjacent property
	54	+	21 owners. An association may not inquire into a property owner's
	55	+	22 energy usage, impose conditions impairing the operation of a
	56	+	23 solar energy system, impose conditions negatively impacting
	57	+	24 any component industry standard warranty, or require
	58	+	25 post-installation reporting. Nor may a property owner be
	59	+	26 denied permission to install a solar energy system based on
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60	61
61		-	system ownership or financing method chosen by the property
62		-	owner. Notwithstanding the foregoing, an association's written
63		-	energy policy statement may impose reasonable conditions
64		-	concerning the maintenance, repair, replacement, and ultimate
65		-	removal of damaged or inoperable systems so long as such
66		-	conditions are not more onerous than the association's
67		-	analogous conditions for nonsolar projects. An association
68		-	shall disclose, upon request, its written energy policy
69		-	statement and shall include the statement in its homeowners'
70		-	common interest community, or condominium unit owners'
71		-	association declaration.
72		-	(c) Any provision of a homeowners' common interest
73		-	community or condominium unit owners' declaration or energy
74		-	policy statement that conflicts with this Act shall be void
75		-	and unenforceable as contrary to public policy.
76		-	(Source: P.A. 102-161, eff. 7-26-21.)
77		-	(765 ILCS 165/25)
78		-	Sec. 25. Standards and requirements. A solar energy system
79		-	shall meet applicable standards and requirements imposed by
80		-	State and local permitting authorities other than a
81		-	homeowners' association, common interest community
82		-	association, or condominium unit owners' association.
83		-	(Source: P.A. 96-1436, eff. 1-1-11.)
84		-	(765 ILCS 165/30)
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86	63
87		-	Sec. 30. Application for approval.
88		-	(a) Whenever approval is required for the installation or
89		-	use of a solar energy system, the application for approval
90		-	shall be made available in hard copy form at a property owner's
91		-	request or, if the association maintains a website, through
92		-	the website. An association need not utilize an application
93		-	form specific to solar installations. An association may not
94		-	impose any fee for submitting an application pertaining to a
95		-	solar energy system above that which it assesses for any other
96		-	application related to changes to property. The application
97		-	shall be processed by the appropriate approving entity of the
98		-	association within 30 75 days of the submission of the
99		-	application. At the request of the property owner, an
100		-	association may communicate with the property owner's solar
101		-	energy system contractor.
102		-	(b) If However, if an application is submitted before a
103		-	written an energy policy statement is adopted by an
104		-	association, the application shall be processed within 120
105		-	days from the date the property owner submitted the
106		-	application 75-day period shall not begin to run until the
107		-	date that the policy is adopted.
108		-	(c) If an association fails to adopt a written solar
109		-	energy policy statement consistent with this Act or process an
110		-	application for approval within the specified time, the
111		-	property owner may proceed with the installation or use of the
112		-	proposed solar energy system notwithstanding any other policy
	64	+
	65	+	HB2174 Enrolled - 2 - LRB103 26885 LNS 53249 b
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115		-	or provision in the homeowners' common interest community or
116		-	condominium unit owners' association declaration. Before a
117		-	property owner may proceed with such installation or use, the
118		-	property owner must first give the association written notice
119		-	of the alleged failure and 10 business days to cure that
120		-	alleged failure. During those 10 business days, the
121		-	association may only adopt the policy statement or process the
122		-	application; the association may not take other action,
123		-	including, but not limited to, seeking injunctive relief,
124		-	during those 10 business days. In such situations, an
125		-	association may not impose fines or otherwise penalize a
126		-	property owner for exercising the property owner's rights
127		-	under this Act.
128		-	(d) A property owner may resubmit an application for
129		-	approval previously denied by an association; any such
130		-	resubmitted application shall be evaluated under the changes
131		-	made by this amendatory Act of the 103rd General Assembly.
132		-	(Source: P.A. 102-161, eff. 7-26-21.)
133		-	(765 ILCS 165/40)
134		-	Sec. 40. Costs; attorney's fees. In any litigation arising
135		-	under this Act or involving the application of this Act, the
136		-	prevailing party shall be entitled to costs and reasonable
137		-	attorney's fees.
138		-	(Source: P.A. 96-1436, eff. 1-1-11.)
139		-	Section 99. Effective date. This Act takes effect upon
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	69	+	HB2174 Enrolled - 3 - LRB103 26885 LNS 53249 b
	70	+	1 system ownership or financing method chosen by the property
	71	+	2 owner. Notwithstanding the foregoing, an association's written
	72	+	3 energy policy statement may impose reasonable conditions
	73	+	4 concerning the maintenance, repair, replacement, and ultimate
	74	+	5 removal of damaged or inoperable systems so long as such
	75	+	6 conditions are not more onerous than the association's
	76	+	7 analogous conditions for nonsolar projects. An association
	77	+	8 shall disclose, upon request, its written energy policy
	78	+	9 statement and shall include the statement in its homeowners'
	79	+	10 common interest community, or condominium unit owners'
	80	+	11 association declaration.
	81	+	12 (c) Any provision of a homeowners' common interest
	82	+	13 community or condominium unit owners' declaration or energy
	83	+	14 policy statement that conflicts with this Act shall be void
	84	+	15 and unenforceable as contrary to public policy.
	85	+	16 (Source: P.A. 102-161, eff. 7-26-21.)
	86	+	17 (765 ILCS 165/25)
	87	+	18 Sec. 25. Standards and requirements. A solar energy system
	88	+	19 shall meet applicable standards and requirements imposed by
	89	+	20 State and local permitting authorities other than a
	90	+	21 homeowners' association, common interest community
	91	+	22 association, or condominium unit owners' association.
	92	+	23 (Source: P.A. 96-1436, eff. 1-1-11.)
	93	+	24 (765 ILCS 165/30)
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142		-	becoming law.
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	103	+	HB2174 Enrolled - 4 - LRB103 26885 LNS 53249 b
	104	+	1 Sec. 30. Application for approval.
	105	+	2 (a) Whenever approval is required for the installation or
	106	+	3 use of a solar energy system, the application for approval
	107	+	4 shall be made available in hard copy form at a property owner's
	108	+	5 request or, if the association maintains a website, through
	109	+	6 the website. An association need not utilize an application
	110	+	7 form specific to solar installations. An association may not
	111	+	8 impose any fee for submitting an application pertaining to a
	112	+	9 solar energy system above that which it assesses for any other
	113	+	10 application related to changes to property. The application
	114	+	11 shall be processed by the appropriate approving entity of the
	115	+	12 association within 30 75 days of the submission of the
	116	+	13 application. At the request of the property owner, an
	117	+	14 association may communicate with the property owner's solar
	118	+	15 energy system contractor.
	119	+	16 (b) If However, if an application is submitted before a
	120	+	17 written an energy policy statement is adopted by an
	121	+	18 association, the application shall be processed within 120
	122	+	19 days from the date the property owner submitted the
	123	+	20 application 75-day period shall not begin to run until the
	124	+	21 date that the policy is adopted.
	125	+	22 (c) If an association fails to adopt a written solar
	126	+	23 energy policy statement consistent with this Act or process an
	127	+	24 application for approval within the specified time, the
	128	+	25 property owner may proceed with the installation or use of the
	129	+	26 proposed solar energy system notwithstanding any other policy
	130	+
	131	+
	132	+
	133	+
	134	+
	135	+	HB2174 Enrolled - 4 - LRB103 26885 LNS 53249 b
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	139	+	HB2174 Enrolled - 5 - LRB103 26885 LNS 53249 b
	140	+	1 or provision in the homeowners' common interest community or
	141	+	2 condominium unit owners' association declaration. Before a
	142	+	3 property owner may proceed with such installation or use, the
	143	+	4 property owner must first give the association written notice
	144	+	5 of the alleged failure and 10 business days to cure that
	145	+	6 alleged failure. During those 10 business days, the
	146	+	7 association may only adopt the policy statement or process the
	147	+	8 application; the association may not take other action,
	148	+	9 including, but not limited to, seeking injunctive relief,
	149	+	10 during those 10 business days. In such situations, an
	150	+	11 association may not impose fines or otherwise penalize a
	151	+	12 property owner for exercising the property owner's rights
	152	+	13 under this Act.
	153	+	14 (d) A property owner may resubmit an application for
	154	+	15 approval previously denied by an association; any such
	155	+	16 resubmitted application shall be evaluated under the changes
	156	+	17 made by this amendatory Act of the 103rd General Assembly.
	157	+	18 (Source: P.A. 102-161, eff. 7-26-21.)
	158	+	19 (765 ILCS 165/40)
	159	+	20 Sec. 40. Costs; attorney's fees. In any litigation arising
	160	+	21 under this Act or involving the application of this Act, the
	161	+	22 prevailing party shall be entitled to costs and reasonable
	162	+	23 attorney's fees.
	163	+	24 (Source: P.A. 96-1436, eff. 1-1-11.)
	164	+	25 Section 99. Effective date. This Act takes effect upon
	165	+
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	167	+
	168	+
	169	+
	170	+	HB2174 Enrolled - 5 - LRB103 26885 LNS 53249 b
	171	+
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	174	+	HB2174 Enrolled - 6 - LRB103 26885 LNS 53249 b
	175	+	1 becoming law.
	176	+
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	179	+
	180	+
	181	+	HB2174 Enrolled - 6 - LRB103 26885 LNS 53249 b