Quick answer
Often, yes, but your association decides. Illinois' HOA solar law, which stops associations from banning solar, doesn't apply to buildings with a shared roof, including a contiguous roof over a row of townhomes. So your declaration and board set the rules. Fire code setbacks also shrink a small roof, and an attached garage is usually a workable spot for a battery.
Does Illinois' HOA solar law protect townhome owners?
Usually not. The Homeowners' Energy Policy Statement Act bars associations from prohibiting solar, but since 2021 it doesn't apply to any building that is taller than 60 feet or that has a shared roof and is subject to a homeowners', common interest community or condominium association.
The law defines a shared roof as any roof that serves more than one unit, including a contiguous roof serving adjacent units, or one that's part of the common elements or common area. A typical row of attached townhomes fits that definition, so whether you can add panels depends on your declaration and the board. Bills in the 2026 session would have brought townhomes back under the Act, but neither passed. For detached homes, where the Act applies, see Illinois HOA solar rules.
Who owns a townhouse roof in Illinois?
It depends on how your community is set up. In a condominium, the roof is normally a common element: Illinois' Condominium Property Act defines common elements as all of the property except the units. Some communities with townhouse-style homes are legally condominiums. In other townhome communities, each owner holds title to the roof over their unit.
Ownership and maintenance can also differ: a declaration may give the association the job of maintaining or replacing roofs even when owners hold title. Read your declaration, or ask the management company, before you collect quotes.
How much solar fits on a townhouse roof?
Less than on a detached home, mainly because of fire code. Under the residential code many Illinois towns follow, homes generally need two 36-inch pathways from the roof edge to the ridge and a clear setback of at least 18 inches on each side of the ridge, rising to 36 inches when the array covers more than a third of the roof. Some towns are stricter: Hoffman Estates keeps panels at least 3 feet from the ridge.
On a narrow townhouse roof, those pathways take a large share of the space, so expect a smaller system than a quote for a detached house. A smaller array still offsets part of your bill, and east- or west-facing roof planes can work well. See east- or west-facing roofs and how many solar panels you need.
Where can a battery go in a townhouse?
An attached garage is usually the most workable spot. Under the 2021 International Residential Code, which many Illinois towns use, homes can have up to 80 kWh of battery storage in an attached garage and 40 kWh in utility closets, basements and storage spaces, with each unit rated 20 kWh or less and listed to UL 9540. A typical home battery is well under those limits. Garage installs also need protection from vehicle impact.
ComEd and Ameren pay about $300 per kWh toward a battery, now tied to their virtual power plants. See are home batteries safe? and what a home battery costs.
How do I get approval for solar on a townhouse?
- Read your declaration for rules on exterior changes, roof ownership and roof maintenance.
- Ask the board how it reviews solar. Most associations require approval for exterior installations.
- Have your installer prepare the application with a roof layout that shows fire code pathways and the panels' position relative to your neighbors' units.
- Get the roof terms in writing: who pays to remove and reinstall panels when the roof is replaced, and whether the association's insurance covers the area under them.
- Pull the permits. Your town still issues the building and electrical permits. See solar permits in Illinois.
If rooftop solar won't work, community solar lets you subscribe to a shared array instead. See community solar in Illinois.
Sources
- Illinois General Assembly: Public Act 102-0161, shared roof exclusion in the Homeowners' Energy Policy Statement Act
- HOPB: Illinois Homeowners' Energy Policy Statement Act (765 ILCS 165) explained
- Daily Herald: Making sense of types of associations and solar panel rules (Feb. 2025)
- Illinois General Assembly: SB 2785 (2026), townhouse shared roof amendment
- Illinois General Assembly: HB 5402 (2026), shared roof solar
- Illinois Condominium Property Act, 765 ILCS 605/2: Definitions
- KSN Law: Townhome associations that are condominiums under Illinois law
- City of Waukegan: Roof access and pathways for solar (2021 IRC R324.6)
- Village of Hoffman Estates: Solar PV zoning fact sheet
- UL: Residential energy storage separation and maximum quantities (2021 IRC)
- ComEd: Distributed generation and storage rebates
This guide is general information, not tax, legal or financial advice. Incentive programs change, so confirm current terms with your installer, your utility and a tax professional.
