Illinois HOA ADUs & Modifications

Key Findings

• Illinois protects solar as a bar on prohibition, not a license to install without limits. An association may adopt an energy policy statement and regulate a system's location, design, and architectural details — but it cannot prohibit or effectively prohibit the system itself.
• The Electric Vehicle Charging Act reaches associations through Section 30. It requires an association to process an EV application on the same terms as any other architectural modification, and it treats any application the board does not deny in writing within 60 days as approved.
• Illinois has widened owner protections lately — the Homeowners' Native Landscaping Act (765 ILCS 167, 2024) and new condominium accessible-parking duties (765 ILCS 605/18.12, 2025) — and it extended the Ombudsperson Act to January 1, 2029. The Ombudsperson's dispute-resolution function, though, still has no funding.
• Two recent appellate decisions confirm the pattern: the declaration drives architectural authority, and boards must apply their standards consistently and follow their own procedures.

Details

Section 1: Overview — ADUs and modifications in Illinois

Illinois sits toward the protective end for solar and electric vehicle (EV) charging, and it leaves accessory dwelling units to local zoning and the declaration. No Illinois association may stop a homeowner from installing a solar energy system — the Homeowners' Energy Policy Statement Act says so¹ — and the Electric Vehicle Charging Act, effective January 1, 2024, limits how far an association can go to bar EV charging stations². Neither statute allows an outright denial. Each frames the protection the same way: a bar on prohibition, subject to reasonable regulation the owner pays for.

Which statute supplies the surrounding framework depends on the kind of community. The Condominium Property Act (765 ILCS 605) governs condominiums. The Common Interest Community Association Act (CICAA, 765 ILCS 160) governs non-condominium common interest communities that meet a size-and-budget threshold, and the General Not For Profit Corporation Act of 1986 supplies the corporate formalities³. Illinois has not adopted the Uniform Common Interest Ownership Act.

For solar and EV charging, the protections are statutory, and they apply to condominium, homeowners, and common interest community associations alike. ADUs work differently. Their permissibility turns on municipal zoning and the declaration, because Illinois has no statute that voids association covenants on ADUs — so inside an association, the declaration remains the binding constraint⁴. Several federal overlays bind Illinois associations no matter what state law says: the U.S. flag statute, the OTARD antenna rule, the Fair Housing Act's reasonable-modification right, and ADA Title III for qualifying common-area facilities. The sections that follow lay out the framework, the compliance duties it creates, and the recent moves in the legislature and the courts.

Section 2: The legal framework

2A. Which statute governs, and architectural review

Every Illinois modification analysis starts with one question: which statute governs? The Condominium Property Act (765 ILCS 605) governs condominiums⁵. CICAA (765 ILCS 160) governs non-condominium common interest communities — including many homeowners and townhome associations — but only once they clear a threshold. Under 765 ILCS 160/1-75, a common interest community association organized under the General Not For Profit Corporation Act of 1986 that has 10 units or fewer, or annual budgeted assessments of $100,000 or less, stays exempt unless it affirmatively elects coverage by a majority of its directors or members⁶. So a covered association has at least 11 units and collects more than $100,000 in annual assessments. An association below the threshold that does not elect in answers to its declaration plus the Not For Profit Act. Condominiums and CICAA communities are distinct categories, and one statute's provisions do not carry over to the other.

Illinois imposes no single statutory architectural-review procedure the way California does. Architectural authority flows from the declaration, layered on top of the board-authority and rulemaking provisions of the governing statute. For condominiums, 765 ILCS 605/18.4 vests all of the association's powers, duties, and authority in the board except what the members reserve, and Section 18.4(h) backs rulemaking; 765 ILCS 605/27 handles alterations within units⁷. For CICAA communities, board powers, rulemaking, and enforcement run through 765 ILCS 160/1-30⁸. Where a declaration hands an architectural committee the discretion to approve or deny, Illinois courts require the committee to exercise that discretion reasonably, consistently, and within the governing documents — not arbitrarily.

2B. Solar and EV charging

The Homeowners' Energy Policy Statement Act (765 ILCS 165) governs solar. Section 15 flatly bars any homeowners' association, common interest community association, or condominium unit owners' association from adopting a bylaw — or exercising any power — that prohibits or effectively prohibits the installation of a solar energy system, and Section 20 voids deed restrictions and covenants that do the same⁹. The association still keeps some say. It may adopt an energy policy statement that addresses the location, design, and architectural requirements of solar systems, and it may set a specific configuration within limits — but it may not effectively prohibit a system. It must process an application for approval within a set period, and the Act lets the prevailing party in litigation recover costs and reasonable attorney's fees¹⁰. The Act does not reach buildings over 60 feet tall or buildings with a shared roof that serves more than one unit.

The Electric Vehicle Charging Act (765 ILCS 1085, effective January 1, 2024) governs EV charging. Section 30 makes void and unenforceable any covenant or governing-document provision that effectively prohibits or unreasonably restricts the installation or use of an EV charging system within a unit owner's unit or designated parking space, while it preserves reasonable restrictions¹¹. The association must process and approve an application the same way it handles any architectural modification, and if it does not deny an application in writing within 60 days of receipt, the application is deemed approved — unless the delay traces to a reasonable request for more information¹². The owner carries the cost of installation, electricity, insurance, and damage, and must hire a licensed and insured contractor. Under 765 ILCS 1085/30(h), an association that willfully violates the Section 'shall be liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner not to exceed $500,' and Section 30(i) directs the court to award reasonable attorney's fees to a prevailing party¹³.

The Condominium Property Act handles flag display at 765 ILCS 605/18.6. It bars a board from prohibiting display of the American flag or a military flag on a unit owner's limited common area, or the exterior immediately next to it, subject to reasonable rules on placement and manner¹⁴. Landscaping now carries a statewide protection of its own: the Homeowners' Native Landscaping Act (765 ILCS 167), effective July 19, 2024, stops associations from banning Illinois native species, while it allows reasonable rules that do not impose height limits¹⁵. Across all of these, one distinction does the work — a bar on prohibition on one side, permitted reasonable regulation of location and manner on the other.

2C. ADUs and federal overlays

Illinois has no statewide statute that voids association covenants on ADUs. ADUs turn on two layers instead: municipal zoning and the declaration. The City of Chicago's additional dwelling unit ordinance, codified in the Municipal Code, permits conversion units — in an existing building at least 20 years old — and coach houses. On September 25, 2025, the Chicago City Council voted 46-0 to approve ordinance SO2024-0008918, effective April 1, 2026. It increased the eligible ADU area by roughly 135 percent and permits ADUs by-right across all multi-unit residential and certain business and commercial zoning districts, on top of the single-family residential districts in the 34 wards that opted in¹⁶. Municipal zoning binds the locality; it does not override a private declaration. Inside an association, the declaration is the binding constraint, so an owner can satisfy municipal zoning and still run into a covenant that bars the unit. That sets Illinois apart from HOA-preemption states like California, whose Civil Code Section 4751 voids covenants that unreasonably restrict ADUs, and Colorado, whose HB 24-1152 (signed May 13, 2024, effective June 30, 2025, codified at C.R.S. § 38-33.3-106.5) makes any covenant that prohibits an ADU void as a matter of public policy and permits only reasonable restrictions that stop short of effectively prohibiting construction¹⁷.

Four federal overlays bind every Illinois association, whatever state law says. The Freedom to Display the American Flag Act of 2005 bars an association from restricting display of the U.S. flag on property a member owns or has a right to use exclusively, subject to reasonable rules¹⁸. The FCC's OTARD rule (47 C.F.R. § 1.4000) prohibits restrictions that impair the installation, maintenance, or use of covered antennas and small satellite dishes¹⁹. The Fair Housing Act (42 U.S.C. § 3604(f)(3)) requires an association to permit reasonable, resident-paid modifications a disabled resident needs to fully enjoy the premises; the Illinois Human Rights Act (775 ILCS 5) carries parallel housing provisions, but the modification right itself traces to the FHA²⁰. ADA Title III reaches common-area facilities that qualify as public accommodations.

Section 3: Compliance obligations created by the framework

A. Architectural review process obligations

• Exercise architectural authority through the board, in line with the declaration and the governing statute. Condominium board powers arise under 765 ILCS 605/18.4; CICAA board powers arise under 765 ILCS 160/1-30. (STATE STATUTE plus DECLARATION.)²¹
• Adopt rules by the proper procedure and apply architectural standards consistently, because a reviewing court will not enforce standards that are arbitrary, subjective, or applied unevenly. (DECLARATION, construed against the statute.)²²
• Issue written decisions and keep records of applications and votes, because a procedural defect can void the association's action. (DECLARATION plus STATE STATUTE.)²³

B. Modifications the association must permit

• Solar energy systems: the association may not prohibit them; it may adopt an energy policy statement and regulate location, design, and architectural requirements (765 ILCS 165/15, 165/20). (STATE STATUTE.)²⁴
• EV charging systems: the association may not effectively prohibit or unreasonably restrict them, and it must process them like any architectural modification, against a 60-day written-denial deadline (765 ILCS 1085/30). (STATE STATUTE.)²⁵
• Flag display: a condominium board may not prohibit display of the American or military flag, subject to reasonable placement rules (765 ILCS 605/18.6). (STATE STATUTE.)²⁶
• Native landscaping: the association may not ban Illinois native species on an owner's lawn; reasonable rules are fine, but height restrictions are not (765 ILCS 167). (STATE STATUTE.)²⁷
• U.S. flag, antennas and dishes, and disability modifications: the association must permit these under the Freedom to Display the American Flag Act, the OTARD rule (47 C.F.R. § 1.4000), and the FHA (42 U.S.C. § 3604(f)(3)), each subject to its specific federal limits. (FEDERAL overlays.)²⁸

Across category B, the association keeps the power to reasonably regulate time, place, and manner; what it loses is the power to prohibit.

C. ADU obligations and limits on HOA authority

• No statutory duty to permit ADUs: Illinois imposes no association-level duty to allow accessory dwelling units. (No STATE STATUTE; the DECLARATION governs.)²⁹
• Municipal zoning binds the locality, not the association: a municipal ADU ordinance — Chicago's, for example — authorizes units as a zoning matter but does not override a declaration's covenant. (MUNICIPAL ordinance plus DECLARATION.)³⁰

D. Enforcement, dispute resolution, and appeal obligations

• Give notice and an opportunity to be heard before imposing a fine or penalty, as the governing statute and the declaration require; for CICAA communities, that duty flows from 765 ILCS 160/1-30. (STATE STATUTE plus DECLARATION.)³¹
• The Ombudsperson's role stays limited: the Condominium and Common Interest Community Ombudsperson Act (765 ILCS 615) remains on the books — Public Act 104-0377 extended it to January 1, 2029, effective August 15, 2025 — but its Section 40 dispute-resolution function is 'subject to appropriation' and does not operate. IDFPR says the office provides education and information only; it does not hear, mediate, or resolve disputes. (STATE STATUTE, not operational for dispute resolution.)³²
• Disputes go to court: Illinois imposes no Florida-style mandatory pre-suit mediation or arbitration on associations. Trial-level disputes run through the Illinois Circuit Courts, appeals go to the Illinois Appellate Court (five districts), and the Illinois Supreme Court takes discretionary review. (COURT STRUCTURE.)³³

Illinois licenses community association managers under the Community Association Manager Licensing and Disciplinary Act (225 ILCS 427), which IDFPR administers — though no single agency serves as a substantive HOA regulator³⁴.

Section 4: Recent legislative and judicial activity

A. Recent bills and public acts

B. Recent appellate rulings

C. Active legislative debates

Association-related activity continues each session — proposals on condominium reserve studies, and periodic reauthorization of the Ombudsperson and the CAM licensing framework — and the Chicago additional dwelling unit expansion drew its own debate before it took effect in 2026. These remain proposals or local measures, not a statewide covenant-preemption on ADUs.

Section 5: National positioning and related coverage

Illinois sits toward the protective end on solar and EV charging, and it stays declaration-governed on ADUs — all on a layered, non-UCIOA framework. Its solar bar on prohibition under the Homeowners' Energy Policy Statement Act puts it alongside solar-access states such as Hawaii, California, and Arizona, and the 2024 Electric Vehicle Charging Act adds comparable EV protection. On ADUs, Illinois breaks sharply from the HOA-preemption states: California's Civil Code Section 4751 and Colorado's HB 24-1152 rein in HOA authority over accessory dwelling units, while Illinois leaves the declaration in control and reaches ADUs only through municipal zoning. For a multi-state operator, the practical lesson is sequencing. In Illinois you first decide whether the Condominium Property Act, CICAA, or only the declaration governs; after that, solar and EV rights are statutory, while ADUs stay a declaration question.

HOA Weekly's Illinois ADUs and Modifications coverage updates each quarter as the General Assembly and the Illinois courts act. The federal frameworks — the Freedom to Display the American Flag Act, the OTARD rule, the Fair Housing Act, and the ADA — apply to Illinois associations regardless of the state framework.

Recommendations

• Determine the governing statute first — Condominium Property Act, CICAA, or declaration-only — because every downstream obligation depends on it. Watch for the trigger to reclassify: a non-condominium community that grows past 10 units, crosses $100,000 in annual budgeted assessments, or elects into CICAA by majority vote.
• Adopt written policies now for solar, EV charging, and — for condominiums — accessible parking, and put the EV 60-day written-denial deadline on the calendar; miss that 60-day denial and it converts to a deemed approval.
• Audit the declaration and rules for any provision that prohibits solar, EV charging, or native landscaping, then remove or amend it — those provisions are void or unenforceable, and they expose the association to fee-shifting and, for EV, a civil penalty up to $500.
• Treat ADUs as a declaration question, not a preemption question, and line up any municipal ADU review — Chicago's post-April 2026 by-right program, for one — with covenant review before you tell an owner a unit is permitted.

Caveats

• Rule 23 orders like Patel are not binding precedent except in limited circumstances; we cite it here as a persuasive illustration of how Illinois courts treat architectural discretion.
• The Ombudsperson Act remains on the books, but its Section 40 dispute-resolution function is unfunded and does not operate; do not rely on it as an available forum.
• Statutory thresholds, public-act numbers, and repeal dates change, so verify them against ilga.gov each quarter. Some third-party databases still show the superseded January 1, 2026 Ombudsperson repeal date, which Public Act 104-0377 pushed to January 1, 2029.

1. Homeowners' Energy Policy Statement Act, 765 Ill. Comp. Stat. 165 (Ill. Gen. Assemb.) ↩
2. Electric Vehicle Charging Act, 765 Ill. Comp. Stat. 1085 (Ill. Gen. Assemb.) ↩
3. Common Interest Community Association Act, 765 Ill. Comp. Stat. 160 (Ill. Gen. Assemb.) ↩
4. Condominium Property Act, 765 Ill. Comp. Stat. 605 (Ill. Gen. Assemb.) ↩
5. Condominium Property Act, 765 Ill. Comp. Stat. 605 (Ill. Gen. Assemb.) ↩
6. 765 Ill. Comp. Stat. 160/1-5, 160/1-75, Common Interest Community Association Act (definitions and exemption) (Ill. Gen. Assemb.) ↩
7. 765 Ill. Comp. Stat. 605/18.4, Condominium Property Act (powers and duties of board of managers) (Ill. Gen. Assemb.) ↩
8. 765 Ill. Comp. Stat. 160/1-30, Common Interest Community Association Act (board duties and rulemaking) (Ill. Gen. Assemb.) ↩
9. 765 Ill. Comp. Stat. 165/15, 165/20, Homeowners' Energy Policy Statement Act (Ill. Gen. Assemb.) ↩
10. 765 Ill. Comp. Stat. 165/30, 165/40, Homeowners' Energy Policy Statement Act (Ill. Gen. Assemb.) ↩
11. 765 Ill. Comp. Stat. 1085/30, Electric Vehicle Charging Act (Ill. Gen. Assemb.) ↩
12. 765 Ill. Comp. Stat. 1085/30(d), Electric Vehicle Charging Act (Ill. Gen. Assemb.) ↩
13. 765 Ill. Comp. Stat. 1085/30(h), 30(i), Electric Vehicle Charging Act (Ill. Gen. Assemb.) ↩
14. 765 Ill. Comp. Stat. 605/18.6, Condominium Property Act (display of American flag or military flag) (Ill. Gen. Assemb.) ↩
15. Homeowners' Native Landscaping Act, 765 Ill. Comp. Stat. 167 (Ill. Gen. Assemb.) ↩
16. City of Chicago, Additional Dwelling Unit Program, Chi., Ill., Mun. Code (City of Chicago Dep't of Housing) ↩
17. Cal. Civ. Code § 4751 (Cal. Legis. Info.); Colo. H.B. 24-1152, Colo. Rev. Stat. § 38-33.3-106.5 (comparative reference) ↩
18. Freedom to Display the American Flag Act of 2005, Pub. L. No. 109-243, 120 Stat. 572 (GovInfo) ↩
19. Over-the-Air Reception Devices Rule, 47 C.F.R. § 1.4000 (eCFR) ↩
20. Fair Housing Act, 42 U.S.C. § 3604 (U.S. House, Office of the Law Revision Counsel) ↩
21. 765 Ill. Comp. Stat. 605/18.4; 765 Ill. Comp. Stat. 160/1-30 (Ill. Gen. Assemb.) ↩
22. Patel v. Prairie Lakes Homeowners Ass'n, 2023 IL App (2d) 230158-U (Ill. App. Ct.) ↩
23. Gunnison Commons, LLC v. Alvarez, 2024 IL App (1st) 232176 (Ill. App. Ct.) ↩
24. 765 Ill. Comp. Stat. 165/15, 165/20 (Ill. Gen. Assemb.) ↩
25. 765 Ill. Comp. Stat. 1085/30 (Ill. Gen. Assemb.) ↩
26. 765 Ill. Comp. Stat. 605/18.6 (Ill. Gen. Assemb.) ↩
27. 765 Ill. Comp. Stat. 167 (Ill. Gen. Assemb.) ↩
28. 47 C.F.R. § 1.4000; Freedom to Display the American Flag Act of 2005, Pub. L. No. 109-243; Fair Housing Act, 42 U.S.C. § 3604(f)(3) ↩
29. Condominium Property Act, 765 Ill. Comp. Stat. 605 (no statewide ADU covenant-voiding statute; declaration governs) (Ill. Gen. Assemb.) ↩
30. City of Chicago, Additional Dwelling Units Ordinance (City of Chicago) ↩
31. 765 Ill. Comp. Stat. 160/1-30, Common Interest Community Association Act (Ill. Gen. Assemb.) ↩
32. Condominium and Common Interest Community Ombudsperson Act, 765 Ill. Comp. Stat. 615 (Ill. Dep't of Fin. & Prof'l Regulation) ↩
33. Illinois court structure (Ill. Courts) ↩
34. Community Association Manager Licensing and Disciplinary Act, 225 Ill. Comp. Stat. 427 (Ill. Gen. Assemb.) ↩
35. Ill. Pub. Act 103-53, as amended by Ill. Pub. Act 103-572 (Ill. Gen. Assemb.) ↩
36. Ill. Pub. Act 103-0704, Homeowners' Native Landscaping Act (Ill. Gen. Assemb.) ↩
37. Ill. Pub. Act 103-0916, 765 Ill. Comp. Stat. 605/18.12 (Ill. Gen. Assemb.) ↩
38. Patel v. Prairie Lakes Homeowners Ass'n, 2023 IL App (2d) 230158-U ↩
39. Gunnison Commons, LLC v. Alvarez, 2024 IL App (1st) 232176 ↩