Illinois HOA Restrictions Law: Statewide Solar Energy Rules (2026)

Key Facts

Statute: 765 ILCS 165
Required: Energy policy statement
Bans: Prohibited as unreasonable
Remedy: Civil action by owner

Full Breakdown

The Homeowners Energy Policy Statement Act (765 ILCS 165) requires every common interest community association governing single-family homes to adopt an energy policy statement addressing solar collectors, clotheslines, and similar devices. Associations may regulate placement, screening, and aesthetics through reasonable rules but cannot effectively prohibit installation. The Act applies to common interest community associations, condominium associations, and homeowners associations governing single-family detached residences. Aggrieved homeowners may bring civil actions, with prevailing parties potentially recovering attorney fees. The Act preempts conflicting association covenants.

Violations & Penalties

Civil suit by homeowner; injunction against association; attorney fees to prevailing party.

Frequently Asked Questions

Can my Illinois HOA prohibit solar panels?

No. Outright bans are unreasonable under 765 ILCS 165. HOAs must adopt policies allowing solar with only reasonable aesthetic or placement conditions.

What if my HOA refuses to approve panels?

You can file a civil action for declaratory or injunctive relief. Prevailing homeowners may recover attorney fees and costs against the association.

Illinois Limits HOA Solar Restrictions Statewide

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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