Solar and Wind Rights

Illinois law prohibits homeowners' associations, common interest community associations and condominium unit owners' associations from preventing homeowners from using or installing solar energy systems. These associations may not deny homeowners permission to install solar energy systems, but they may specify the location of the solar energy system, as long as such specifications do not "impair the effective operation" of the system. In July 2011, the legislature enacted a bill (Public Act 97-0105) which added a provision for wind energy. A homeowner's association or similar entity may restrict wind energy devices altogether.

The law stipulates that associations must adopt an energy policy statement specifying details such as location, design, and architectural requirements of the solar energy systems within 120 days of receiving a request for a policy statement or receiving an application from a homeowner. The statement must also include a statement of whether or not wind energy collections are allowed, and, if so, the architectural requirements. If the association adopts an energy policy in which approval is required for the solar energy systems, upon receiving a request from the homeowner, the association has 90 days to approve or deny it. This policy applies to homes that are 30 feet or less in height.