Solar Answers → Your Home & Roof
Can an HOA block solar panels in Illinois?
No. Illinois law (765 ILCS 165, the Homeowners' Energy Policy Statement Act) makes it illegal for an HOA, condo association, or common-interest community to ban solar panels. Your association can only control one thing — exactly where panels sit on a given roof face — and even that power has a hard limit: it can't cut your system's expected yearly output by more than 10%. It also can't demand special panel types, ask your neighbors' permission, ask how much power you use, or turn you down because you're leasing instead of buying. Two real exceptions exist: buildings over 60 feet, and roofs genuinely shared between units. Everything below — the deadlines, the letters to send, and what to do if your board stalls — comes straight from the current law, current as of 2023.
Independent public sources we cite and link — The Day Company is not affiliated with or endorsed by any of them.
This is information, not legal advice. It explains what Illinois' Homeowners' Energy Policy Statement Act (765 ILCS 165) says as of August 2026, including its 2021 and 2023 amendments. Your specific declaration, building type, and association's history can change how it applies to you. For an actual dispute, talk to an attorney or contact the Illinois Attorney General's office directly.
Can my HOA legally ban solar panels altogether?
No. Illinois' Homeowners' Energy Policy Statement Act (765 ILCS 165) makes any rule that bans solar void — meaning it has no legal force, even if it's written right into your declaration. This covers homeowners' associations, common interest community associations, and condo unit owners' associations alike.
It doesn't matter whether the ban is spelled out in your bylaws or is just "how the board has always done it." Any rule that conflicts with this Act is void as against public policy — automatically, whether or not your association has ever updated its paperwork to say so. The Act has been Illinois law since January 1, 2011, and got stronger twice since: in 2021, and again in 2023, when lawmakers added the enforcement teeth covered in the refusal section below.
The most recent update to this law is Public Act 103-296, effective 2023. If you're reading an older guide — even one dated "2026" — that still says your HOA has 75 days to process your application, or that panels are only protected below 30 feet, it's working off the pre-2023 version. The real numbers are below.
What can my HOA still control — and what can't it touch?
One thing, and only one thing: where panels sit on a given roof face. Your association can shape that layout, but it can't ban solar from any roof face entirely — and whatever layout it demands can't cut your system's expected yearly output by more than 10%.
That's the whole first layer. The Act then adds a second layer most guides skip entirely: six specific things an association is barred from doing, full stop, no matter what your declaration says:
| Your HOA CAN | Your HOA CANNOT |
|---|---|
| Set panel placement on a given roof face — as long as it doesn't cut expected output by more than 10% | Bar solar from any roof face, or cut expected output by more than 10% |
| Set reasonable upkeep or removal rules for damaged, unused systems — no stricter than rules for any other home project | Require special equipment, like solar shingles, instead of standard panels |
| Require your neighbors' sign-off | |
| Ask how much electricity you use | |
| Set rules that void your warranty or stop your system working properly | |
| Demand ongoing reports after you're installed | |
| Turn you down over how you're paying — cash, loan, lease, or PPA |
That last row matters more than it looks. If a board hesitates because you're leasing instead of buying, the law already settled it — how you pay is none of the association's business. One more protection worth knowing: whatever standards your system has to meet come from your city, county, or the state — not from a rulebook the association invents on its own. Section 25 of the Act specifically says solar systems must meet the standards of permitting authorities "other than a homeowners' association."
The one number that decides most disputes: 10%
Most fights between homeowners and HOAs over solar aren't really about the law — they're about one number. Illinois doesn't ask whether a placement rule is "reasonable." It asks a much simpler question: does it cut your system's expected yearly output by more than 10%? If yes, the rule is illegal, no matter how it's dressed up.
Why this matters more than "reasonable restrictions"
You'll see the phrase "reasonable restrictions" all over forums and even some law-firm blogs. It's not wrong exactly, but it's vague enough that a board can hide behind it. Illinois' actual test is a number, not a vibe: an association can ask you to move panels around on a roof face, but the moment that request costs you more than 10% of your expected production, it has crossed the line into an illegal ban — even if the board insists it's just about "not being visible from the street."
A real example: the Bassler family, Belleville, Illinois. In late 2020, Mark and Jennifer Bassler installed solar panels on their home. Their HOA sued, insisting the panels could only go on the back of the house. Their installer calculated that the HOA's preferred placement would cut the system's output by 35% — more than three times the legal limit. The lawsuit was dropped in September 2022, but by then the fight had cost the Basslers an estimated $53,000 in legal fees.
Reported by the Belleville News-Democrat; figures as reported, not from a court record.The lesson isn't just legal — it's practical. If your HOA pushes back on where your panels go, ask your installer for a quick estimate of how much a "compromise" location would actually cost you in production. If it's over 10%, you're not negotiating anymore. You're within your rights to say no.
Does the Act cover your building? A 30-second check
The Act protects most single-family homes and townhomes in associations — but not every building. Three questions settle it, using the law's own tests.
Is your home part of a homeowners' association, common interest community, or condo association?
This checker applies the Act's own coverage tests (765 ILCS 165/45) — it's informational, not a legal determination. If a result surprises you, the exemptions section explains both tests in full.
Every deadline that binds your HOA — the full clock
This law runs on deadlines, and every single one binds the association, not you. Once you make a written request or submit an application, the clock starts — and if the association misses it, the law hands you the right to proceed anyway.
These are the deadlines as amended by P.A. 103-296 in 2023 — the current, controlling numbers. Some older guides (including some dated 2026) still show the earlier 75-day figure; that version is no longer the law.
| The clock | What starts it | What the association must do | Where it's written |
|---|---|---|---|
| 90 days | Your written request for a policy statement — or your application, whichever comes first | Adopt a written energy policy statement meeting the Act's minimum standards | 765 ILCS 165/20(b) |
| 30 days | Your complete application (when a written policy exists) | Process the application | 765 ILCS 165/30(a) |
| 120 days | Your application, when the association has no written policy statement yet | Process the application | 765 ILCS 165/30(b) |
| 10 business days | Your written notice that the association missed a deadline above | Cure — adopt the policy or process the application. It may take no other action, including seeking an injunction. If the window passes, you may proceed with installation | 765 ILCS 165/30(c) |
| Anytime | A past denial | Accept your resubmission — evaluated under current law, not whatever the board relied on before | 765 ILCS 165/30(d) |
Two more rules protect the application itself: the association can't require a solar-specific form — your normal property-change application works — and can't charge you anything extra for a solar application beyond what any other property-change application costs. It also has to make the application available in hard copy on request, or through its website if it has one, and at your request it can communicate directly with your solar contractor.
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. The fastest way to trigger the 90-day clock is a short written request — Letter 1 below is ready to send.
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. What the roof itself needs to qualify — age, pitch, condition — is a separate question the association doesn't control: Illinois solar roof requirements →
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 (including a contiguous roof serving adjacent units), 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 — and the 30-second check above walks the same tests.
What's the actual approval process — step by step?
The process is designed so the clock is always on the association, never on you. Here's the sequence that keeps it that way:
- Request the written energy policy statement, in writing. This starts the 90-day adoption clock — Letter 1 does it in four sentences.
- Get the association's standard property-change application. Hard copy on request, or from its website. No solar-specific form, no extra fee — the Act bars both.
- Submit the application alongside your permit paperwork. The two tracks run in parallel; neither waits for the other. At your request, the association can coordinate directly with your installer.
- Watch the clock: 30 days to process if a written policy exists, 120 days if it doesn't.
- If the association misses its deadline or refuses, send written notice of the failure — Letter 2 — and give it 10 business days to cure. If nothing changes, the law says you may proceed with installation.
- Denied? You're allowed to resubmit — Letter 3 — and the Act's current version, including its 2023 changes, governs the resubmission, not whatever the board relied on the first time.
Three letters that make the law work — copy and send
Every right in this Act runs through a written request or a written notice. These three letters are those documents — fill in the brackets, keep a copy, and send by a method that proves the date (email plus certified mail is the belt-and-suspenders version). They're informational templates, not legal advice.
Letter 1 — start the clock: request the energy policy statement
Send this first, even before you have quotes. It starts the 90-day adoption clock and gets you the application form in one move.
[Date] [Association name] [Board or management company address] Re: Request for written energy policy statement — [your property address / unit] Dear Board of Directors: Under the Illinois Homeowners' Energy Policy Statement Act (765 ILCS 165/20(b)), I am requesting a copy of the association's written energy policy statement. If the association has not yet adopted one, please treat this letter as the written request that begins the 90-day period the Act provides for adopting a statement consistent with the Act's minimum standards. Please also provide the association's standard application for changes to property, which the Act permits me to use for a solar energy system application (765 ILCS 165/30(a)). Please respond in writing to the address or email below. Sincerely, [Your name] [Property address] [Email / phone]
Letter 2 — the cure notice: when the association misses its deadline
Only send this after a deadline from the table above has actually passed. It opens the 10-business-day cure window — during which the association can only adopt the policy or process your application, nothing else — and states your intent to proceed if nothing changes.
[Date] [Association name] [Board or management company address] Re: Written notice under 765 ILCS 165/30(c) — [your property address / unit] Dear Board of Directors: On [date], I [requested the association's written energy policy statement / submitted a complete application for approval of a solar energy system]. The period the Illinois Homeowners' Energy Policy Statement Act allows the association to [adopt a written energy policy statement — 90 days under 765 ILCS 165/20(b) / process that application — 30 days under 765 ILCS 165/30(a), or 120 days under 765 ILCS 165/30(b) where no policy statement has been adopted] has passed without the required action. This letter is my written notice of that failure under 765 ILCS 165/30(c). The Act provides the association 10 business days from this notice to cure the failure by adopting the policy statement or processing my application. If the failure is not cured within that period, I intend to proceed with the installation of my solar energy system as the Act permits. Sincerely, [Your name] [Property address] [Email / phone]
Letter 3 — reapply: when a past application was denied
If your HOA denied a solar application before 2023 — or even more recently, using rules the current law no longer allows — you don't have to accept that. Send this to force a fresh look under today's version of the Act.
[Date] [Association name] [Board or management company address] Re: Resubmission of solar energy system application under 765 ILCS 165/30(d) — [your property address / unit] Dear Board of Directors: On [date of prior denial], the association denied my application to install a solar energy system. Under 765 ILCS 165/30(d) of the Illinois Homeowners' Energy Policy Statement Act, I am entitled to resubmit that application, and it must be evaluated under the Act as currently amended, including the changes made by Public Act 103-296 (2023). I am resubmitting my application, enclosed with this letter. Please note that under the current Act, the association may not deny this application based on my choice of financing (cash, loan, lease, or power purchase agreement), may not require particular equipment such as solar shingles in place of standard panels, may not condition approval on neighboring property owners' consent, and may not inquire into my household's energy usage. Any configuration condition imposed may not reduce the system's estimated annual production by more than 10%, and may not prohibit installation on any roof face. Please confirm receipt and process this application within the timeframe the Act requires. Sincerely, [Your name] [Property address] [Email / phone]
If your HOA denies you, do this
A denial isn't the end of the process — it's usually the start of the part where the law actually favors you. Four steps, in order:
- Get the denial in writing. A verbal "no" from a board member isn't a decision you can act on. Ask for the denial, and the reason for it, in an email or letter.
- Get a real production number from your installer. If the stated reason is placement, ask your installer for a written estimate of how much output that placement would cost you. This is the number that decides whether the denial is legal — see the 10% test above.
- Send a written demand citing the specific sections. Reference 765 ILCS 165/30 for the deadlines and 765 ILCS 165/40 for attorney's fees. Boards that ignore a vague complaint often respond differently to one that cites the statute by number.
- Resubmit under current law. Use Letter 3 above — a denial from before 2023, or one based on a rule the current Act no longer allows, doesn't have to stand.
What if my HOA still says no, or just stalls?
If your association stalls past its deadline or refuses outright, Letter 2 above is the formal move: written notice of the failure, then 10 business days. 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.
One thing that trips people up: if a management company, not the board itself, is the one stalling, the clock doesn't stop. The Act's deadlines bind the association, and the association is responsible for its management company's inaction — you don't have to wait for the board to personally review your file if the management company is the bottleneck.
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 prevailing party recovers its costs and attorney's fees — a rule that has been part of this Act since it was first written in 2011, not a recent addition, so it has applied through every dispute the Act has ever covered.
Fair warning: that fee rule cuts both ways. If you sue and lose, you could owe the association's legal fees too. It's a strong reason to follow the process — the letters, the deadlines, the written record — rather than skip straight to a lawsuit.
If a past application was denied, you can resubmit it, and current law governs the resubmission — Letter 3 handles that. 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. One more option worth knowing about, even though it can't force your HOA to do anything: Illinois' Condominium and Common Interest Community Ombudsperson, housed at IDFPR, offers information and dispute-resolution help for association disagreements. It has no enforcement power and can't issue fines, but it's a free, informal place to start if you're not ready for a formal letter.
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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.
Can my HOA use "reasonable restrictions" to deny my solar panels?
Not the way that phrase usually gets used online. Illinois doesn't leave this to a vague reasonableness standard — it uses a specific number. An association can shape where panels go on a given roof face, but only if that doesn't cut your system's expected yearly output by more than 10%. If a "reasonable" placement rule costs you more than that, it isn't reasonable under Illinois law — it's an illegal restriction, regardless of how it's phrased.
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 only let me put panels on the back of my house?
Only if doing so keeps your system within the 10% production-loss limit. A "back of the house only" rule is common, and it's often fine — but if your back roof faces the wrong direction or is shaded, forcing you there can easily cost more than 10% of your expected output, which makes the rule illegal regardless of how it's framed. Ask your installer for the production difference between locations before assuming you have to comply.
Can my HOA reject solar panels for aesthetic reasons?
Only inside its one narrow power: setting panel configuration on a given roof face, without excluding any roof face and without cutting estimated annual production by more than 10%. A denial that's really an aesthetic veto — "rear roof only," "not visible from the street" — is lawful only if it fits inside that configuration power and stays under the 10% cap.
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.
How long does my HOA have to approve solar panels in Illinois?
30 days to process a complete application when the association has a written energy policy statement — 120 days when it doesn't. Separately, it has 90 days to adopt a policy statement once you request one. If it misses a deadline, your written notice opens a 10-business-day cure window, and after that you may proceed with installation (765 ILCS 165/30). Every clock binds the association, not you.
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.
What if my HOA ignores my application completely?
Silence doesn't stop your clock — it starts one. If the association simply doesn't respond within its 30-day or 120-day window, that's a missed deadline like any other: send the written notice from Letter 2, wait 10 business days, and you may proceed with installation. A board that goes quiet is not a board that has said no; legally, it's a board that has run out the clock.
What if my property manager is the one stalling, not the board?
It doesn't matter. The Act's deadlines bind the association itself, and the association is responsible for its management company's actions — or inaction. If a management company is sitting on your application, the same deadlines apply, and the same written-notice process in Letter 2 applies. You don't need to wait for the board to personally intervene.
Can my HOA fine me for installing solar panels?
Not for exercising your rights under the Act. When an association misses its deadlines and you proceed after the 10-business-day notice window, the law says the association may not impose fines or otherwise penalize you for it. Separately, an association that willfully violates the Act is liable for your actual damages plus any consequential damages.
Can my HOA make me remove my solar panels?
Not a working system the law required it to allow. The Act does let an association impose reasonable conditions on the maintenance, repair, replacement, and ultimate removal of damaged or inoperable systems — but those conditions can't be more onerous than what it applies to comparable non-solar projects. A functioning system installed under the Act isn't removable at the board's discretion.
Who pays legal fees if I have to fight my HOA over solar?
Whoever wins. Illinois law has required the losing side to pay the winning side's costs and reasonable attorney's fees in disputes under this Act since it was first written in 2011 — it's not a recent addition. That cuts in your favor if your HOA is clearly violating the Act, which is why a well-documented, by-the-book request often gets a fast reversal once an attorney sees it. It also means a weak case is a real financial risk, which is exactly why following the deadlines and sending the letters above matters.
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.
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.
Does the Illinois HOA solar law apply to townhomes?
Usually, yes. Townhome-style units under 60 feet with their own separate roof are covered. The exemption only applies where the roof is genuinely shared — serving more than one unit, including a contiguous roof running across adjacent units, or forming part of the common elements. If your townhome's roof section is yours alone, the Act's protections apply.
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, 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 — a rule in place since 2011. You can also resubmit a previously denied application, and current law governs the resubmission. If a vendor — not the HOA — is the one being deceptive, that's a separate complaint to the Illinois Attorney General.
Has Illinois changed its HOA solar law recently?
The Act took effect January 1, 2011 and has been strengthened twice — in 2021 (P.A. 102-161), which added the 60-foot and shared-roof exemptions and the any-roof-face/10% rule, and in 2023 (P.A. 103-296), which shortened processing to 30 days, spelled out the current list of prohibited conditions, and added the right to resubmit previously denied applications under current law. The prevailing-party attorney's-fee rule has been part of the Act since 2011 — the 2023 amendment didn't create it, just kept it in force. As of August 2026, the 2023 amendments are the latest changes actually in force; a 2026 proposal to extend similar protection to plug-in and balcony solar (SB3104 / HB4524) advanced through a Senate committee but did not pass either chamber.
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Sources
- 765 ILCS 165 — Homeowners' Energy Policy Statement Act, full text (Illinois General Assembly)
- 765 ILCS 165/20 — association powers, the six barred conditions, and the 90-day policy statement rule
- 765 ILCS 165/25 — permitting standards must come from authorities other than the association
- 765 ILCS 165/30 — application rules, the 30/120-day deadlines, the 10-business-day cure, and resubmission
- 765 ILCS 165/35 — damages for willful violations · 765 ILCS 165/40 — prevailing-party costs and attorney's fees (in force since 2011)
- 765 ILCS 165/45 — the 60-foot and shared-roof exemptions
- Illinois Solar Energy & Storage Association — Homeowners' Solar Rights Act summary
- Illinois Condominium & Common Interest Community Ombudsperson (IDFPR) — free, informal dispute-resolution information; no enforcement authority
- 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 August 11, 2026.
Changelog: July 18, 2026 — v1 published. · July 21, 2026 — v2: full statute re-verified at ilga.gov; short answer expanded to state both layers of Section 20; added the deadline table, the coverage checker, and two copy-and-send letter templates; FAQ expanded from 10 to 16 questions; per-section statute links added to Sources. · August 11, 2026 — v3, major update. Corrected a misattribution: the prevailing-party attorney's-fee rule (§40) has been part of the Act since its original 2011 enactment, not added by the 2023 amendment as this page previously implied. Added a dedicated section on the 10%-production test that governs roof-face placement disputes, including a real Illinois case (Bassler v. Orchards HOA, Belleville). Added a third letter template for resubmitting a previously-denied application, a step-by-step "if you're denied" checklist, a note on management-company delays, and a caution that the attorney's-fee rule can run against a losing homeowner too. Named the stalled 2026 legislative proposal (SB3104/HB4524) specifically rather than describing it generically. Added 5 new FAQs addressing common misconceptions found in homeowner discussions, including the "reasonable restrictions" myth. Logo and social-sharing metadata corrected. Added links to the Illinois Solar Energy & Storage Association and the state's condo/HOA Ombudsperson office.
Update triggers: this page is revised when the Act is amended again, when SB3104/HB4524 or a successor bill passes, or when a published Illinois court opinion interprets the 10% production test.