Illinois's Homeowners' Solar Rights Act (765 ILCS 165) and Solar Energy System Act prohibit Des Plaines homeowner associations and condo associations from outright banning residential solar energy systems. Associations may impose reasonable aesthetic restrictions but may not effectively prohibit solar installations.
Illinois's Homeowners' Solar Rights Act (765 ILCS 165), originally enacted in 2011 and significantly strengthened by Public Act 102-0024 in 2021, protects the right of Illinois homeowners to install solar energy systems despite restrictive covenants or HOA rules. The law applies to single-family homes, townhomes, and condominiums where the unit owner controls the roof or installation surface. HOAs and condo boards may not prohibit installation of solar energy systems or solar collectors. They may impose reasonable restrictions on placement that do not significantly increase installation cost or decrease efficiency by more than 10 percent. They may not require alternative locations or designs that meaningfully reduce performance. Common interest community associations must adopt a written policy on solar installations within a reasonable time of receiving a request. Disputes are typically resolved through the Illinois Department of Financial and Professional Regulation's Condominium and Common Interest Community Ombudsperson program or in court. Des Plaines's local zoning and permitting still applies to all installations regardless of HOA status.
HOA restrictions that effectively prohibit solar installations may be unenforceable under 765 ILCS 165. Homeowners may seek relief through the Illinois Condominium and Common Interest Community Ombudsperson or civil court action.
Des Plaines, IL
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Des Plaines, IL
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Des Plaines, IL
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Des Plaines, IL
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Des Plaines, IL
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Des Plaines, IL
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