The Illinois Solar Rights Act significantly limits HOA authority to restrict solar energy systems in Arlington Heights. HOAs cannot prohibit solar panels but may impose reasonable aesthetic guidelines that do not significantly increase system cost or decrease energy production. Solar access easements are recognized under Illinois law.
The Illinois Solar Rights Act (765 ILCS 165) provides strong protections for homeowners seeking to install solar energy systems, including those in HOA-governed communities in Arlington Heights. HOAs and condominium associations cannot adopt rules or covenants that effectively prohibit or unreasonably restrict solar energy system installations. An HOA may impose reasonable aesthetic standards regarding the placement, screening, or appearance of solar equipment, but these restrictions cannot significantly increase the total cost of the system or significantly decrease its efficiency or energy production. Any HOA architectural review process for solar installations must be completed within a reasonable timeframe. Solar access easements are recognized under Illinois law (765 ILCS 170), allowing property owners to protect their access to sunlight by negotiating easements with neighboring property owners. These easements can prevent neighbors from planting trees or constructing structures that would shade existing solar panels. Illinois courts have generally upheld solar rights protections. Homeowners who believe their HOA is unreasonably restricting solar installation may seek legal remedies under the Solar Rights Act. The Illinois Attorney General's office has also enforced solar rights protections.
HOA violations of the Solar Rights Act may be challenged in court by the homeowner. The HOA may be required to pay the homeowner's legal fees if a restriction is found to be unreasonable. The Illinois Attorney General may also take enforcement action. Contact an attorney familiar with Illinois solar rights law for specific disputes.
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