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Rep. Carol A. Sente
Filed: 3/11/2011
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| 1 | | AMENDMENT TO HOUSE BILL 991
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| 2 | | AMENDMENT NO. ______. Amend House Bill 991 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Homeowners' Solar Rights Act is amended by |
| 5 | | changing Section 20 as follows:
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| 6 | | (765 ILCS 165/20)
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| 7 | | Sec. 20. Deed restrictions; covenants. No deed |
| 8 | | restrictions, covenants, or similar binding agreements running |
| 9 | | with the land shall prohibit or have the effect of prohibiting |
| 10 | | a solar energy system from being installed on a building |
| 11 | | erected on a lot or parcel covered by the deed restrictions, |
| 12 | | covenants, or binding agreements, if the building is subject to |
| 13 | | a homeowners' association, common interest community |
| 14 | | association, or condominium unit owners' association. A |
| 15 | | property owner may not be denied permission to install a solar |
| 16 | | energy system by any entity granted the power or right in any |
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| 1 | | deed restriction, covenant, or similar binding agreement to |
| 2 | | approve, forbid, control, or direct alteration of property. |
| 3 | | However, for purposes of this Act, the entity may determine the |
| 4 | | specific location where a solar energy system may be installed |
| 5 | | on the roof within an orientation to the south or within 45 |
| 6 | | degrees east or west of due south provided that the |
| 7 | | determination does not impair the effective operation of the |
| 8 | | solar energy system. Each homeowners' association, common |
| 9 | | interest community association, or condominium unit owners' |
| 10 | | association shall adopt an energy policy statement regarding |
| 11 | | the location, design, and architectural requirements of |
| 12 | | composting, rainwater collection, solar energy, or wind energy |
| 13 | | collection systems within 120 days after an association |
| 14 | | receives a request for a policy statement or an application |
| 15 | | from an association member. An association shall disclose, upon |
| 16 | | request, its energy policy statement and shall include the |
| 17 | | statement in its homeowners' common interest community, or |
| 18 | | condominium unit owners' association declaration.
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| 19 | | (Source: P.A. 96-1436, eff. 1-1-11.)".
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