Illinois's Homeowners' Energy Policy Statement Act (765 ILCS 165) limits HOA authority to prohibit solar installations on Oak Lawn homes. HOAs may adopt reasonable restrictions on placement and appearance but cannot effectively ban solar or significantly impair performance.
Under 765 ILCS 165, Illinois HOAs and common-interest communities cannot prohibit installation of solar energy systems on owner-controlled areas of a property. HOAs may adopt reasonable aesthetic and placement restrictions provided they do not significantly increase cost or decrease efficiency (often defined as restrictions that reduce output by more than 10% or increase installation cost by more than 10%). Typical reasonable restrictions include requiring panels on rear or less-visible roof planes when equivalent performance is possible, specifying conduit color/routing, and requiring installations be professionally designed. HOA approval processes must be timely. The law applies to both single-family detached homes and townhouses where the owner controls the roof. For condominium buildings with shared roofs, solar rights are more limited. Oak Lawn's condo and townhouse associations should review their governing documents to ensure compliance with state law. Disputes can be addressed through HOA dispute resolution or civil litigation.
HOAs that refuse to approve solar installations or impose restrictions that effectively prohibit solar may face legal action from homeowners under 765 ILCS 165. Remedies include court orders requiring approval and attorneys' fees.
Oak Lawn, IL
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