Can an HOA ban solar panels in Illinois?

The Homeowners' Energy Policy Statement Act (765 ILCS 165), passed in 2011 and strengthened in 2021 and 2023, applies to homeowners' associations, condominium associations and common interest communities. Its core rule: an association can't use its covenants, bylaws or architectural review powers to prohibit a solar energy system on a home it governs.

Associations must adopt an energy policy statement that explains how owners apply to install solar and what rules apply. A provision in a declaration or policy that conflicts with the Act is unenforceable.

Associations can set reasonable rules, as long as they don't effectively block solar. Typical rules cover:

• Where on the roof panels may go, for example favoring roof planes that face away from the street when that doesn't significantly cut production
• Submitting plans and a site drawing before installation
• Using a licensed installer and following building codes and permits
• Who maintains the roof around the system, and responsibility for any damage

Public Act 103-0296, which grew out of House Bill 2174 in 2023, amended the Act to close gaps advocates said associations were using to stall solar. As introduced and summarized by the General Assembly, it:

• Bars denying solar because of how you own or finance it, so leases, PPAs and loans are protected along with cash purchases
• Limits an association from asking about your energy use, imposing conditions that impair the system or void component warranties, or requiring post-installation reports
• Shortens the time an association has to process an application
• Requires an owner to give written notice and a short cure period before installing because an association failed to act on time

Exact deadlines and terms are in the statute's current text, linked below. If your association's rules look stricter than the law allows, ask it to explain which section of the Act its rule relies on.

1. 1

   Get the energy policy statement

   Ask your association or management company for it. If it doesn't have one, it's out of step with the Act.

2. 2

   Have your installer prepare the application

   Most experienced Illinois installers have done HOA submittals and can provide a site plan, panel layout and equipment specs.

3. 3

   Submit in writing and keep records

   Note the date you submitted and any deadline that applies.

4. 4

   Ask for any denial in writing,

   with the specific rule and reason, so you or your installer can adjust the design or respond.

This guide is general information, not legal advice. For a dispute with your association, an Illinois attorney who handles community-association law can review your documents.

Yes, the Act covers condominium and common interest community associations as well as single-family HOAs. Shared roofs raise practical questions, such as how space is split between units and who can approve work on a common element, so condo projects usually need more coordination. Community solar is an alternative when rooftop solar isn't practical.