Illinois HOA Limits: Solar & Flag Protections (765 ILCS 165 & 160/1-70)

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.