Bill Text: IL HB3390 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Condominium Property Act. Provides that the board of managers has the authority to install solar energy devices and wind energy devices on the common elements; provided that solar or wind energy devices may not be installed upon any limited common element without the consent of the owner or owners of the unit or units for which use of the limited common element is reserved. Provides that the installation of solar energy devices and wind energy devices on the common elements by the board shall not be deemed to alter, impair, or diminish the common interest, common elements, or easements appurtenant to each unit or to be a structural alteration or addition to the property, provided that the installation does not directly affect any nonconsenting unit owner. Defines "directly affect", "solar energy device", and "wind energy device". Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-06-28 - Public Act . . . . . . . . . 98-0040 [HB3390 Detail]

Download: Illinois-2013-HB3390-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Condominium Property Act is amended by
adding Section 18.4a as follows:
(765 ILCS 605/18.4a new)
Sec. 18.4a. Installation of solar and wind energy devices.
(a) In addition to the powers and duties of the board of
managers set forth in Section 18.4 of this Act and
notwithstanding any other law to the contrary, or any
provisions in the declaration of any project or in the bylaws
of any association, the board of managers has the authority to
install, cause the installation of, or lease or license the
common elements for the installation of solar energy devices
and wind energy devices on the common elements; provided that
solar or wind energy devices may not be installed upon any
limited common element without the consent of the owner or
owners of the unit or units for which use of the limited common
element is reserved.
(b) The installation of solar energy devices and wind
energy devices on the common elements by the board shall not be
deemed to alter, impair, or diminish the common interest,
common elements, or easements appurtenant to each unit or to be

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a structural alteration or addition to the property, provided
that the installation does not directly affect any
nonconsenting unit owner.
(c) As used in this Section:
(1) "Directly affect" means the installation of solar
energy devices or wind energy devices in a manner which
would specially, personally, and adversely affect an
individual unit owner in a manner not common to the unit
owners as a whole.
(2) "Solar energy device" means any new identifiable
facility, equipment, apparatus, or the like which makes use
of solar energy for heating, cooling, or reducing the use
of other types of energy dependent upon fossil fuel for its
generation; provided that if the equipment as it is sold to
consumers cannot be used as a solar device without
incorporation with other equipment, it shall be installed
in place and ready to be operational to qualify as a solar
energy device. "Solar energy device" does not include
skylights or windows.
(3) "Wind energy device" means any new identifiable
facility, equipment, apparatus, or the like which makes use
of wind energy for producing electricity or reducing the
use of other types of energy that are dependent upon fossil
fuel for generation; provided that if the facility,
equipment, apparatus, or the like cannot be used as a wind
energy device without incorporation with other equipment,

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it shall be installed in place and ready to be operational
to qualify as a wind energy device.
Section 99. Effective date. This Act takes effect upon
becoming law.