Illinois 2023-2024 Regular Session

Illinois House Bill HB2174

Introduced
2/7/23  
Introduced
2/7/23  
Refer
2/15/23  
Refer
2/7/23  
Report Pass
2/28/23  
Refer
2/15/23  
Engrossed
3/16/23  
Report Pass
2/28/23  
Refer
3/21/23  
Engrossed
3/16/23  
Refer
4/12/23  
Refer
3/21/23  
Refer
4/12/23  
Report Pass
4/19/23  
Report Pass
4/19/23  
Enrolled
5/17/23  
Enrolled
5/17/23  
Chaptered
7/28/23  
Chaptered
7/28/23  

Caption

HOMEOWNERS ENERGY-VARIOUS

Impact

The impact of HB 2174 is significant as it revises the existing landscape of energy policies determining a property owner's rights to install solar energy solutions without obstacle from their associations. It mandates that HOAs must adopt an energy policy within a defined period that standardizes approval processes and prohibits unreasonable restrictions. Should associations fail to comply, property owners can move forward with installations irrespective of prior HOA policies. Thus, the bill consolidates property rights in the realm of renewable energy installations and asserts that homeowners cannot be discriminated against based on the type or ownership of their solar systems.

Summary

House Bill 2174 focuses on facilitating the installation of solar energy systems by altering the regulations governing how homeowners' associations (HOAs) can impose restrictions. The bill aims to ensure that no deed restrictions or covenants can prohibit the installation of such renewable energy systems on properties, particularly in communities governed by HOAs. This legislation seeks to foster the adoption of solar energy as a sustainable alternative, enhancing the state’s commitment to renewable energy resources and energy independence. By clarifying property owner's rights, the bill invites more residents to pursue solar energy without facing undue barriers from associations.

Sentiment

General sentiment surrounding HB 2174 seems to be positive among advocates of renewable energy and homeowner rights. Proponents argue that the bill enhances community participation in the transition to sustainable energy sources, aligning with broader environmental goals. However, there may be notable opposition from some HOAs concerned about maintaining control over property aesthetic standards and collective interests. The bill’s passage reflects an increasing trend towards prioritizing individual rights over collective community governance in matters concerning renewable resources.

Contention

Notable points of contention include the balance between the rights of individual homeowners and the authority of homeowners' associations. While supporters laud the bill for expanding solar energy access and individual freedoms, critics contend that it undermines the ability of associations to manage community standards around aesthetics and uniformity. Additionally, the bill does not specify what constitutes 'reasonable' conditions concerning maintenance and repair obligations, leaving potential for further disputes. This tension between fostering renewable energy growth and protecting community standards marks a significant aspect of the ongoing discussion surrounding the legislation.

Companion Bills

No companion bills found.

Previously Filed As

IL SB0040

ENERGY-VARIOUS

IL HB3758

ENERGY-VARIOUS

IL SB2497

ENERGY-VARIOUS

IL HB1035

Georgia Homeownership Protection Act of 2026; enact

IL HB5402

SOLAR ENERGY-SHARED ROOFS

IL HB6511

Affordable Homeownership Access Act

IL SB1261

IHDA-HOMEOWNERSHIP PROGRAMS

IL HB4524

PLUG-IN SOLAR ENERGY SYSTEMS

IL HB389

Property; prohibit homeowners' associations from preventing property owners from installing solar energy devices; provisions

IL SB3904

American Homeownership Act

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