Homeowners’ Energy Policy Statement Act Revision

Support Homeowner Property Rights

Support Senate Bill 1544/House Bill 2174

Senate Bill 1544/House Bill 2174 amend the Homeowners’ Energy Policy Statement Act (“HEPSA”), 765 ILCS 165, to address homeowners' associations ("HOAs") that have failed to comply with HEPSA since its original adoption in 2011 and amendment in 2021 by impeding their own members' solar installations.

Those HOAs refusing to comply with HEPSA are denying their own members' right to install solar despite the clear intent of HEPSA.

With increasing energy prices and Illinois’ strong renewable energy and transportation electrification goals, it is important that all homeowners have certainty and a clear understanding of their right to save money and increase their energy independence through solar.

All the revisions in SB 1544/HB 2174 relate to recent instances of HOAs hindering homeowners wanting to install solar on their homes.

The amendments to HEPSA:

Require an HOA energy policy statement to expressly include the standards in HEPSA.
Require an HOA to record its energy policy statement, consistent with existing law governing HOAs.
Require an HOA to make applications for approval of solar energy systems available to homeowners.
Prevent an HOA from requiring specific solar technology.
Prevent inquiries into a homeowner’s energy usage.
Prevent conditions that would impair a solar energy system’s operation or void its warranty.
Prevent an HOA from requiring post-installation reports.
Allow an HOA to impose reasonable conditions on maintenance, repair, replacement, and removal of systems.
Allow for reasonable aesthetic considerations.
Allow a homeowner to proceed with a solar installation without HOA approval in those instances where an HOA fails to adopt an energy policy statement or ignored a homeowner’s application.
Allow a homeowner whose application was previously denied to reapply and be evaluated under the amendments to HEPSA.