Illinois's Homeowners' Solar Rights Act (765 ILCS 165) substantially limits the ability of HOAs and condo associations to prohibit solar energy systems. HOAs may adopt reasonable policies regulating aesthetics and placement but may not effectively prevent solar installation. This applies to Skokie townhome and condo associations.
The Illinois Homeowners' Solar Rights Act, 765 ILCS 165, bars homeowners' associations and condominium associations from adopting or enforcing policies that prohibit or unreasonably restrict the installation of solar energy systems. An HOA may adopt and enforce a solar energy policy that imposes reasonable aesthetic and installation criteria, but the policy may not have the effect of preventing installation or significantly increasing the cost. Restrictions that increase cost by more than a nominal amount (often interpreted as around 10%) or decrease system efficiency by more than a nominal amount are generally unenforceable. The association may require architectural review and may impose reasonable appearance rules (matching frame colors, concealed conduit) that do not defeat the solar installation. For condominiums where the roof is a common element, installation typically requires association consent, but the association cannot categorically refuse. Disputes between homeowners and associations may be submitted to mediation or litigation; the Illinois Attorney General has also historically supported homeowner solar rights. Skokie townhome and condo associations must operate within these statutory limits. Single-family homeowners in Skokie are generally not subject to HOA rules.
HOA refusal to allow solar may be challenged in court with potential attorney's fee awards under the Act. The Village does not enforce HOA disputes. Residents with disputes should consult legal counsel or the Illinois Attorney General's office.
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Side-by-side rule comparisons with other cities in Cook County.
See how other cities in Cook County handle hoa restrictions.
See how Skokie's hoa restrictions rules stack up against other locations.
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