ORCHARD BROOK SOLAR ENERGY POLICY
MAY 20, 2019
In accordance with the Illinois Homeowners’ Energy Policy Statement Act, 765 ILCS 165/20 (below), Orchard Brook Home Association (“OBHA”) homeowners may install solar energy systems on their homes solely for the personal use and benefit of the homeowner under the following conditions:
1. Homeowner, and not a third party, must own or lease the system that is to be installed. The system can only be solely for the personal use and benefit of the installing homeowner and not for use and benefit of other homeowner.
2. The solar panels and/or any other visible portions of the installation, shall be installed on the back portion of the roof of the house so as to not be visible from the front of the home and within an orientation to the south or within 45 degrees east or west of due south, provided that such installation does not impair the effective operation of the solar energy system solely for the personal use and benefit of the homeowner. In the event the company tasked with designing and/or installing the solar energy system is of the opinion that the solar energy system cannot be located on the back portion of the roof of the house, that company shall detail other options that best comply with this requirement and explain why such back-of-the-roof location would or would not impair the effective operation of the solar energy system solely for the personal use and benefit of the homeowner.
3. Any solar panels must be mounted on the roof of the home and not on the ground, any side or corner of the home, or on any other apparatus. Any such roof-mounted solar panels must match the color of the roof as closely as possible and have as low a profile as possible so as to reduce their visibility.
4. Care shall be taken to make all components of the solar energy system blend in with/to the aesthetics of the home so as to be as invisible and unobtrusive as possible.
5. Homeowner must follow the by-laws of the association in all regards with respect to seeking and obtaining Architectural Approval before beginning any solar energy system installation. As with other routine Architectural Requests, the Chair of the Architectural Committee and the OBHA President jointly have the authority to approve requests made by homeowners that comply with this Policy or reject requests made by homeowners that do not comply with this Policy without the need for the Board to vote. In the event that the Chair of the Architectural Committee and the OBHA President disagree on a Request, then the OBHA Board will vote on the Request.
6. All of the work necessary to complete the solar energy installation must take place on the Homeowner’s property and none of the work shall be permitted in the common area or on a neighbor’s property.
7. Homeowner shall comply with all applicable federal, state, and local codes, building
ordinances, or other guidelines.
Reference Item: Illinois Homeowners’ Energy Policy Statement Act, 765 ILCS 165/20
Sec. 20. Deed restrictions; covenants. No deed restrictions, covenants, or similar binding
agreements running with the land shall prohibit or have the effect of prohibiting a solar energy system from being installed on a building erected on a lot or parcel covered by the deed restrictions, covenants, or binding agreements, if the building is subject to a homeowners’ association, common interest community association, or condominium unit owners’ association. A property owner may not be denied permission to install a solar energy system by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property. However, for purposes of this Act, the entity may determine the specific location where a solar energy system may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that the determination does not impair the effective operation of the solar energy system. Within
120 days after a homeowners’ association, common interest community association, or
condominium unit owners’ association receives a request for a policy statement or an application from an association member, the association shall adopt an energy policy statement regarding: (i) the location, design, and architectural requirements of solar energy systems; and (ii) whether a wind energy collection, rain water collection, or composting system is allowed, and, if so, the location, design, and architectural requirements of those systems. An association shall disclose, upon request, its energy policy statement and shall include the statement in its homeowners’ common interest community, or condominium unit owners’ association declaration.