Sec. 30. Application for approval.

356 words·~2 min read·/il/chapter-765/act-165/30

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be made available in hard copy form at a property owner's request or, if the association maintains a website, through the website. An association need not utilize an application form specific to solar installations. An association may not impose any fee for submitting an application pertaining to a solar energy system above that which it assesses for any other application related to changes to property. The application shall be processed by the appropriate approving entity of the association within 30 days of the submission of the application. At the request of the property owner, an association may communicate with the property owner's solar energy system contractor.

(b)If an application is submitted before a written energy policy statement is adopted by an association, the application shall be processed within 120 days from the date the property owner submitted the application.

(c)If an association fails to adopt a written solar energy policy statement consistent with this Act or process an application for approval within the specified time, the property owner may proceed with the installation or use of the proposed solar energy system notwithstanding any other policy or provision in the homeowners' common interest community or condominium unit owners' association declaration. Before a property owner may proceed with such installation or use, the property owner must first give the association written notice of the alleged failure and 10 business days to cure that alleged failure. During those 10 business days, the association may only adopt the policy statement or process the application; the association may not take other action, including, but not limited to, seeking injunctive relief, during those 10 business days. In such situations, an association may not impose fines or otherwise penalize a property owner for exercising the property owner's rights under this Act.

(d)A property owner may resubmit an application for approval previously denied by an association; any such resubmitted application shall be evaluated under the changes made by this amendatory Act of the 103rd General Assembly.