Illinois law overrides HOA restrictions in two key areas. The Homeowners' Energy Policy Statement Act (765 ILCS 165) bars associations and covenants from prohibiting solar energy systems, and 765 ILCS 160/1-70 bars a board from prohibiting display of the American flag or a military flag.
Under 765 ILCS 165/20, '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 subject to a homeowners', common interest community, or condominium association. The association may set a panel's roof-face configuration only if it does not cut the system's energy production by more than 10%. Separately, 765 ILCS 160/1-70 states a board 'may not prohibit the display of the American flag or a military flag, or both' on a unit owner's limited common area or adjacent building exterior, though it may adopt reasonable rules on placement, manner, and flagpole size. The Act has no separate statewide HOA political-sign protection.
No criminal penalty. An HOA bylaw, covenant, or rule that prohibits a solar energy system or bans the American or military flag is unenforceable as contrary to 765 ILCS 165/20 and 765 ILCS 160/1-70; an owner can challenge it and recover the right to install or display.
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