HOA LAWS AND REGULATIONS

SOLAR PANELS

  • Homeowners' Energy Policy Statement Act, 765 ILCS 165/1, et seq.: The Act was enacted to protect the public health, safety, and welfare by encouraging the development and use of solar energy systems and prevent the adoption of measures that prevent the use of solar energy systems on any home that is subject to a homeowners' association, common interest community association, or condominium unit owners' association. 765 ILCS 165/5. The Act expressly prohibits the adoption of a bylaw or exercise of any power by the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association, which prohibits or has the effect of prohibiting the installation of a solar energy system is expressly prohibited (765 ILCS 165/15).

    Furthermore, section 20 of the Act provides that "[n]o deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting a solar energy system from being installed on a building erected on a lot or parcel covered by the deed restrictions, covenants, or binding agreements, if the building is subject to a homeowners' association, common interest community association, or condominium unit owners' association. A property owner may not be denied permission to install a solar energy system by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property." Associations may determine the specific location provided that the determination does not impair the solar energy system's effective operation. 765 ILCS 165/20 (Deed Restrictions; Covenants). See also, 765 ILCS 165/25 (Standards and Requirements), and 765 ILCS 165/30 (Application for Approval), and 765 ILCS 165/10 (Definitions).

GOVERNMENT AGENCIES

HOA INFORMATION AND DOCUMENTS

  • Association Records and Inspection - After a written request and proper purpose, members of condominium and common interest associations have a statutory right to inspect, examine, and make copies of the association records, including all financial records, executive meetings, and other records outlined in the relevant statute. See 765 ILCS 605/19 of the Condominium Act and 765 ILCS 160/1-30 of the Common Interest Association Act. See also, 805 ILCS 105/107.75 (Book and Records) for associations subject to the General Not For Profit Corporation Act of 1986.

  • Homeowners' Association (HOA) Directory - In Illinois, most homeowners' associations and condominiums are incorporated as non-profit corporations. Thus, homeowners can find an association's corporate status, registered agent's information, and board members' and officers' list by searching under the community's name or development.

  • HOA Recorded Documents Search - Visit the county recorder’s office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder's office website in which the association is located. The association's declaration must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.