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The sample energy policy statement is only intended as a rough guide. As such, it does not constitute legal advice, nor does it attempt to anticipate either the expectations or requirements of your respective homeowner's association or condominium association. It is advisable that the association consult with an attorney before adopting an energy policy statement.
The Board of Directors ("Board") of the _________ Association ("Association") has adopted on this __ day of ______, 20__, the following rules and guidelines to support homeowners and/or property owners interested in making improvements to their individual property, specifically, as regards the installation of a Solar Energy Systems ("SES") (sometimes referred to as Solar Power Devices, or "SPDs"), or any of their components and mechanisms, commonly known as solar panels, solar inverters, solar collectors, solar storage mechanisms, and their accessory components both electrical and mechanical.
The installation of exterior SES requires approval of the Association, and also requires a permit from the City/Township/Village/Municipality of ____________ ("City") or may be governed, restricted, or prohibited in part by Ordinances adopted by the City.
Homeowners and/or property owners considering the installation of any SES on their property subject to the Rules of the Association are strongly encouraged to first contact the City/Township/Village/Municipality of __________ Building Department for additional information on municipal permits, restrictions, and limitations before submitting a Request to the Association.
The Association recognizes that there may be interest by Association members in installing SES. Since these systems by nature must be installed external to the building, the Association has developed this policy to aid Association members in developing their solar projects within Association expectations, thereby minimizing the time for project review and approval by the Board. The Board recognizes the benefits of renewable energy sources, including solar, to overall energy programs within our society, and is committed to working effectively with owners proposing solar power projects.
The Illinois Homeowner's Energy Policy Statement Act, 765 ILCS 165/1 et seq. ("the Act"), establishes the legal right of homeowners who are members of Associations to install SPD and/or SES, and defines which solar energy systems are covered by its provisions. The Act prohibits homeowners’ associations, condominium unit owners’ associations, and common interest community associations in Illinois from adopting any measure, i.e. covenants, bylaws, rules, etc., that would prevent the use of solar energy systems on their homes.
Section 25 of the Act states that an SPD and/or SES shall meet applicable standards and requirements imposed by State and local permitting authorities, i.e. City, Township, Village, or Municipality. The City/Township/Village/Municipality is such a defined permitting authority.
Section 30 of the Act requires that the application for approval of any SPD and/or SES shall be processed and either approved or rejected by the Association within ninety (90) days after the submission of the application. The Board specifically finds that this statutory time frame for consideration and approval by the Association of any SPD and/or SES shall supersede the time frame for considering any other non-SPD and/or SES application.
Section 20 of the Act provides, in pertinent part, that within 120 days after a homeowners’ association, common interest community association, or condominium owners’ association receives a request for a policy statement or an application from an association member, the association shall adopt an energy policy statement regarding: (i) the location, design, and architectural requirements of solar energy system, and (ii) whether a wind energy collection, rain water collection, or composting system is allowed, and, if so, the location, design, and architectural requirements of those systems. An association shall disclose, upon request, its energy policy statement and shall include the statement in its homeowners’ common interest community, or condominium unit owners’ association declaration.
The Association adopts the following Definitions set forth in Section 10 of the Act:
"Solar Energy" means radiant energy received from the sun at wave lengths suitable for heat transfer, photosynthetic use, or photovoltaic use.
"Solar storage mechanism" means equipment or elements (such as piping and transfer mechanisms, containers, heat exchangers, or controls thereof, and gases, solids, liquids, or combinations thereof) that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.
Section 25 of the Act states that an SPD and/or SES shall meet applicable standards and requirements imposed by State and local permitting authorities. The Board has adopted as its Rules the current restrictions imposed on SPD and/or SES by the City:
The location, design and architectural requirements of the above allowed systems are as follows: