Illinois Homeowner’s Native Landscaping Act

On July 19, 2024, Governor Pritzker signed into law known as a new Act known as “Homeowner’s Native Landscaping Act.” The purpose of the Homeowner’s Native Landscaping Act is to restrict Condominium Associations and Common Interest Communities from prohibiting homeowners from planting or growing Illinois “native species” on their own lawns.

The Act defines “Illinois native species” is defined as “trees, shrubs, vines, ferns, flowers, forbs, sedges, grasses, and other plants growing in State of Illinois before European settlement or as otherwise defined by rule by the Department of Natural Resources.” Native species does not include “exotic or noxious weeds regulated under the Illinois Noxious Weed Law or the Illinois Exotic Weed Act.”

Additionally, the Act, while allowing the growing of native species on a homeowner’s lawn specifically notes that the native landscape species must be maintained and cannot extend into a neighbor’s property, sidewalks, or other public or common areas. Community Associations permitted to adopt reasonable rules that govern maintenance of native landscapes without impairing the native species maintenance or height.

Finally, the rights afford homeowners in the Act only apply the property owned by the homeowners and do not apply to common elements, common areas, property owned by others or the association.

Given the recentness of this legislation, additional questions regarding how the Act affects associations and unit owners are sure to arise over time. If you have further questions about how this legislation will affect your association, we encourage you to reach out to us.