Bill Text: IL HB5402 | 2025-2026 | 104th General Assembly | Introduced

---

Bill Title: Amends the Homeowners' Energy Policy Statement Act. Provides that the Act applies to any building with a shared roof if (1) a solar energy system is located entirely within that portion of the shared roof owned and maintained by the property owner or (2) all property owners sharing the shared roof agree to install a solar energy system. Provides that the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association may adopt for those buildings with a shared roof that are under its control and that are subject to the Act bylaws or other requirements that set standards regarding the installation, maintenance, and use of solar energy systems, including, but not limited to, regulations that require the governing entity to approve the vendor that will supply, install, or maintain the solar energy system and regulations that grant vendors exclusive rights to perform those functions. Provides that, when exercising powers over properties with shared roofs, a governing entity must act solely in the collective interest of the members of the association; must cooperate with property owners interested in installing, maintaining, or using a solar energy system on property under their ownership or control; and must not delay any request for a decision involving the installation, maintenance, or use of a solar energy system by an association member for more than 60 days. Provides that the failure of a governing entity to comply with these provisions renders voidable any bylaw or other requirement adopted by the governing authority pursuant to the provisions of the amendatory Act.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced) 2026-02-13 - Referred to Rules Committee [HB5402 Detail]

Download: Illinois-2025-HB5402-Introduced.html

---

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5402 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
765 ILCS 165/15
765 ILCS 165/45
Amends the Homeowners' Energy Policy Statement Act. Provides that the Act applies to any building with a shared roof if (1) a solar energy system is located entirely within that portion of the shared roof owned and maintained by the property owner or (2) all property owners sharing the shared roof agree to install a solar energy system. Provides that the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association may adopt for those buildings with a shared roof that are under its control and that are subject to the Act bylaws or other requirements that set standards regarding the installation, maintenance, and use of solar energy systems, including, but not limited to, regulations that require the governing entity to approve the vendor that will supply, install, or maintain the solar energy system and regulations that grant vendors exclusive rights to perform those functions. Provides that, when exercising powers over properties with shared roofs, a governing entity must act solely in the collective interest of the members of the association; must cooperate with property owners interested in installing, maintaining, or using a solar energy system on property under their ownership or control; and must not delay any request for a decision involving the installation, maintenance, or use of a solar energy system by an association member for more than 60 days. Provides that the failure of a governing entity to comply with these provisions renders voidable any bylaw or other requirement adopted by the governing authority pursuant to the provisions of the amendatory Act.
LRB104 15709 JRC 28891 b
A BILL FOR
HB5402 LRB104 15709 JRC 28891 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Homeowners' Energy Policy Statement Act is
amended by changing Sections 15 and 45 as follows:
(765 ILCS 165/15)
Sec. 15. Associations; prohibitions.
(a) As used in this Section, "shared roof" has the meaning
given to that term in Section 45.
(b) Notwithstanding any provision of this Act or other
provision of law, 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 that which prohibits or has the effect of
prohibiting property owners from installing, maintaining, or
using a solar energy system on property that they own or
control the installation of a solar energy system is expressly
prohibited, except as provided in subsection (c).
(c) The governing entity of a homeowners' association,
common interest community association, or condominium unit
owners' association may adopt for those buildings with a
shared roof that are under its control and that are subject to
this Act under subsection (b) of Section 45 bylaws or other

HB5402 - 2 - LRB104 15709 JRC 28891 b
requirements that set standards regarding the installation,
maintenance, and use of solar energy systems, including, but
not limited to, regulations that require the governing entity
to approve the vendor that will supply, install, or maintain
the solar energy system and regulations that grant vendors
exclusive rights to perform those functions. When exercising
the powers described in this subsection (c), a governing
entity must act solely in the collective interest of the
members of the association; must cooperate with property
owners interested in installing, maintaining, or using a solar
energy system on property under their ownership or control;
and must not delay any request for a decision involving the
installation, maintenance, or use of a solar energy system by
an association member for more than 60 days. The failure of a
governing entity to comply with this subsection renders
voidable any bylaw or other requirement adopted by the
governing authority under this subsection.
(Source: P.A. 96-1436, eff. 1-1-11.)
(765 ILCS 165/45)
Sec. 45. Inapplicability; applicability.
(a) This Act shall not apply to any building that:
(1) is greater than 60 feet in height; or
(2) has a shared roof and is subject to a homeowners'
association, common interest community association,
condominium unit owners' association.

HB5402 - 3 - LRB104 15709 JRC 28891 b
(b) Notwithstanding subsection (a) of this Section, this
Act applies to any building with a shared roof if:
(1) the solar energy system is located entirely within
that portion of the shared roof owned and maintained by
the property owner; or
(2) all property owners sharing the shared roof agree
to install a solar energy system.
(c) As used in this Section, "shared roof" means any roof
that (i) serves more than one unit, including, but not limited
to, a contiguous roof serving adjacent units, or (ii) is part
of the common elements or common area.
(Source: P.A. 102-161, eff. 7-26-21.)