SOLAR ENERGY-SHARED ROOFS

Illinois General Assembly - Full Text of HB5402

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB5402

Home

Legislation

Full Text

HB5402 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5402

Introduced 2/13/2026, 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
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Homeowners' Energy Policy Statement Act is
5
amended by changing Sections 15 and 45 as follows:

6

(765 ILCS 165/15)
7

Sec. 15.
Associations; prohibitions.

8

(a) As used in this Section, "shared roof" has the meaning
9
given to that term in Section 45.

10

(b)
Notwithstanding any provision of this Act or other
11
provision of law, the adoption of a bylaw or exercise of any
12
power by the governing entity of a homeowners' association,
13
common interest community association, or condominium unit
14
owners' association
that

which
prohibits or has the effect of
15
prohibiting
property owners from installing, maintaining, or
16
using a solar energy system on property that they own or
17
control

the installation of a solar energy system
is expressly
18
prohibited
, except as provided in subsection (c)
.
19

(c) The governing entity of a homeowners' association,
20
common interest community association, or condominium unit
21
owners' association may adopt for those buildings with a
22
shared roof that are under its control and that are subject to
23
this Act under subsection (b) of Section 45 bylaws or other

HB5402
- 2 -
LRB104 15709 JRC 28891 b
1
requirements that set standards regarding the installation,
2
maintenance, and use of solar energy systems, including, but
3
not limited to, regulations that require the governing entity
4
to approve the vendor that will supply, install, or maintain
5
the solar energy system and regulations that grant vendors
6
exclusive rights to perform those functions. When exercising
7
the powers described in this subsection (c), a governing
8
entity must act solely in the collective interest of the
9
members of the association; must cooperate with property
10
owners interested in installing, maintaining, or using a solar
11
energy system on property under their ownership or control;
12
and must not delay any request for a decision involving the
13
installation, maintenance, or use of a solar energy system by
14
an association member for more than 60 days. The failure of a
15
governing entity to comply with this subsection renders
16
voidable any bylaw or other requirement adopted by the
17
governing authority under this subsection.
18
(Source: P.A. 96-1436, eff. 1-1-11.)

19

(765 ILCS 165/45)
20

Sec. 45.
Inapplicability
; applicability
.
21

(a)
This Act shall not apply to any building that:
22

(1) is greater than 60 feet in height; or
23

(2) has a shared roof and is subject to a homeowners'
24

association, common interest community association,
25

condominium unit owners' association.

HB5402
- 3 -
LRB104 15709 JRC 28891 b
1

(b) Notwithstanding subsection (a) of this Section, this
2
Act applies to any building with a shared roof if:

3

(1) the solar energy system is located entirely within
4

that portion of the shared roof owned and maintained by
5

the property owner; or
6

(2) all property owners sharing the shared roof agree
7

to install a solar energy system.
8

(c)
As used in this Section, "shared roof" means any roof
9
that (i) serves more than one unit, including, but not limited
10
to, a contiguous roof serving adjacent units, or (ii) is part
11
of the common elements or common area.
12
(Source: P.A. 102-161, eff. 7-26-21.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn