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Can an HOA block solar panels in Illinois?

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Published July 18, 2026 · Facts verified July 2026 · By The Day Company Editorial Team

Can my HOA legally ban solar panels altogether?

No. Illinois' Homeowners' Energy Policy Statement Act (765 ILCS 165) makes any covenant, deed restriction, bylaw, or board rule that prohibits solar installation void and unenforceable — whether the ban is written into your declaration or simply how the board has always handled applications. This applies to homeowners' associations, common interest community associations, and condo unit owners' associations alike.

Any provision that conflicts with the Act — in your declaration, your bylaws, or a separately adopted energy policy — is void as against public policy. That protection exists whether or not your association has ever bothered to update its paperwork to reflect it.

What can my HOA still control — and what can't it touch?

One thing, narrowly: where panels sit on a given roof face. Your association can determine that configuration, but it can't bar solar from any roof face entirely, and whatever configuration it requires can't cut your system's estimated annual production — a term the law itself defines — by more than 10%.

Everything else is off-limits, no matter what your declaration says:

Does my HOA have to give me a written solar policy?

Yes. Once a homeowner requests either a written energy policy statement or submits an actual application, the association has 90 days to adopt one. That statement has to include, at minimum, everything this law requires — it can add extra detail about location, design, or architectural standards, but it can't water down what the Act guarantees.

You're entitled to see that statement on request, and it has to be part of your association's official declaration — not a policy that only exists in a board member's head.

Do I still need permits even if my HOA approves?

Yes. Your HOA's approval — or its silence past the deadline — only clears the association side of the equation. Every solar energy system still has to meet whatever standards state and local permitting authorities require, entirely separate from anything the association can impose.

In practice, that means your municipal or county permitting process runs on its own track — the HOA can't waive it, and it can't substitute for it either. Submitting your layout to both at the same time is usually the fastest path through both.

Are any homes exempt from this law?

Two situations take a building out of this law entirely: anything taller than 60 feet, and anything with a "shared roof" — one that serves more than one unit, or is part of the building's common elements or common area. Most traditional multi-unit condo buildings fall into that second category; single-family homes and townhomes with their own separate roof generally don't.

If you're in a condo or a building with a genuinely shared roof, this Act doesn't apply to you — your rights depend on your association's own governing documents instead. If you're not sure which category your building falls into, that's exactly the kind of question worth asking your board directly, in writing.

What's the actual approval process — step by step?

Request your association's written energy policy statement in writing, then submit your solar application alongside your permit paperwork — using the association's normal property-change application, since it can't require a solar-specific form or charge you extra for one. From there, the clock is on the association, not you.

The association must make that application available in hard copy on request, or through its website if it has one, and must process a complete submission within 30 days — or 120 days if it hasn't adopted a written policy statement yet. At your request, it can also communicate directly with your solar contractor. And if a past application was denied, you can resubmit it — current law applies to that resubmission, not whatever the board relied on the first time.

What if my HOA still says no, or just stalls?

If your association stalls past its deadline or refuses outright, give it written notice of the failure and 10 business days to fix it. During that window, the association can only adopt the policy or process your application — it can't seek an injunction or take any other action against you. If nothing changes, you can proceed with installation.

You're also protected from retaliation — an association can't fine you or otherwise penalize you for exercising your rights under the Act. And the law has real teeth: any provision that conflicts with it is void as against public policy, an association that willfully violates the Act owes you actual damages plus any consequential damages, and if it comes to litigation, the side that wins recovers its costs and attorney's fees. That's different from a vendor or installer misleading you about state law — that kind of deceptive sales conduct is a matter for the Illinois Attorney General's Consumer Protection Division, not a claim against your HOA.

HOA Solar Rights FAQ

Can my HOA just say no to solar panels?

No. Under the Homeowners' Energy Policy Statement Act (765 ILCS 165), any HOA, common interest community, or condo association rule that prohibits solar installation is void — whether it's written into a declaration, a bylaw, or just how the board has always handled requests. The association's only real power is over where panels sit on your roof, not whether you can have them.

What can my HOA legally control about my solar system?

Only the configuration of the system on a given roof face — for example, adjusting panel layout within that face. It can't ban panels from any roof face outright, and whatever configuration it requires can't reduce your system's estimated annual production by more than 10%. Everything else — technology choice, financing, neighbor sign-off — is off-limits to the board.

Can my HOA require solar shingles instead of regular panels?

No. The Act specifically bars associations from requiring a property owner to use particular technology — like solar shingles — in place of standard panels. Your HOA can help shape where a system sits on a given roof face, but it can't dictate which product you install.

Does my HOA need my neighbors' sign-off before approving my system?

No. A written energy policy statement can't condition approval on adjacent property owners agreeing to it. If your HOA's process includes a neighbor-consent step for solar specifically, that step conflicts with state law and isn't enforceable, regardless of what your declaration says.

Can my HOA ask how much electricity I use before approving my panels?

No. Associations are barred from inquiring into a property owner's energy usage as part of the solar approval process. They also can't impose conditions that void your equipment warranty, require ongoing reports after installation, or deny you based on whether you're financing, leasing, or paying cash.

Do I still need permits if my HOA approves my system?

Yes. HOA sign-off doesn't replace permitting. Every solar energy system must still meet the standards and requirements set by state and local permitting authorities, separate from anything the association requires. Your HOA can shape roof-face configuration; your city or county still governs code compliance.

What if my HOA has no written solar policy at all?

The association has 90 days from your request — for either the policy statement itself or an actual application — to adopt one. If it misses that window, or the deadline for processing your application passes, you can give 10 business days' written notice, and then proceed with installation; the association can't fine you or block you for exercising that right.

Is my condo covered by this law?

Sometimes. The Act exempts buildings taller than 60 feet and buildings with a "shared roof" — one serving more than one unit, or part of the common elements. Many traditional condo buildings fall into that shared-roof exemption. Townhome-style units with their own separate roof, under 60 feet, are typically still covered.

How much does it cost to submit a solar application to my HOA?

Nothing extra. An association can't charge a fee for a solar application above whatever it charges for any other property-change application — no special solar surcharge. It also has to make the application available in hard copy, or online if the association has a website.

What happens if my HOA still refuses after I've followed the process?

You have real leverage: any provision conflicting with the Act is void as against public policy, and an association that willfully violates the Act is liable for your actual damages plus any consequential damages, and the prevailing party in a lawsuit over it recovers costs and attorney's fees. If a vendor — not the HOA — is the one being deceptive, that's a separate complaint to the Illinois Attorney General.

Related answers

Sources

• 765 ILCS 165 — Homeowners' Energy Policy Statement Act, full text (Illinois General Assembly)
• Illinois Attorney General — Consumer Protection Division

How to cite: "Can an HOA Block Solar in Illinois? 765 ILCS 165 Rights," The Day Company, https://theday.company/answers/hoa-solar-rights-illinois, reviewed July 2026.

Changelog: July 18, 2026 — v1 published.