Illinois governor J.B. Pritzker signed a law yesterday expanding rights for homeowners to install solar in homeowners associations!
These helpful changes to the existing IL Homeowners' Energy Policy Statement Act (HEPS Act) are located in Sections 10, 20, 30, and 45 and are summarized below. See the underlined and stricken language in the new Act for specifics. Underlined words represent the new changes to the existing HEPS Act and stricken words are the words in the HEPS Act being replaced by the new Act ):
Provides that the HOA 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%. This means the HOA can't tell a customer they may not place panels on the front of their home or tell them to remove or move panels that will reduce the system production by more than 10%.
Provides that within 90 days after an HOA receives a request for a policy statement or an application from an association member, the association shall adopt an energy policy statement. This means that an HOA can't just simply say that solar isn't allowed when a homeowner reaches out and asks for their solar policy. The HOA must provide an energy policy statement / guidance within 90 days after inquiry. See the Act language for what that policy statement should include.
Provides that whenever approval is required by the HOA for the installation or use of a solar energy system, the application for approval shall be processed by the appropriate approving entity of the association within 75 days of the submission of the application. This means that the HOA has 75 days to process a solar application plan if one is required.
Provides that the law shall not apply to any building that has a shared roof and is subject to a homeowners' association, common interest community association, or condominium unit owners' association. The law doesn't apply to, for example, duplexes.
Provides that the law shall not apply to any building that is greater than 60 feet high.
Special thanks to Shannon Fulton at StraightUp Solar for the synopsis!
If you haven't already, please contact the HOA management company and tell them to stop fighting homeowners and to comply with state law!
https://pinnaclehoamanagement.com/contact-us/
Thank you