Eye On Illinois: Lawmakers limit homeowner associations’ ability to forbid native plantings

We believe in local control until we don’t.

Columns I open that way tend to focus on the state wresting power from smaller governments, or the feds doing it to the states. Usually, the point is pointing out how politicians want their lessers to have the opportunity to make their own choices until the point of disagreement.

But we’re flipping the script a bit as relates to House Bill 5296 – the Homeowners’ Native Landscaping Act – which passed the House 72-37 and the Senate 42-17 before Gov. JB Pritzker signed it into law July 19. The local control this law addresses is not of a taxpayer-funded body. Rather, it limits the ability of homeowner associations to forbid members from installing native plants on their personal property.

Specifically, the law governs “trees, shrubs, vines, ferns, flowers, forbs, sedges, grasses and other plants growing in the state of Illinois before European settlement or as otherwise defined by rule by the Department of Natural Resources.” It does not affect limitations on “exotic or noxious weeds regulated under the Illinois Noxious Weed Law or the Illinois Exotic Weed Act.”

HOAs are allowed to have “reasonable rules and regulations governing a planned, intentional and maintained native landscape that do not impair the native landscape’s proper maintenance and care or impose height restrictions.” That means they’ll be able to make sure such plots are “predominantly free of weeds, invasive species and trash” while making sure plants don’t flop outside personal property lines.

Anyone interested in this type of landscaping can find useful information from the Illinois Native Plant Society (illinoisplants.org). People bound by HOA covenants still have to navigate the fine lines between personal intentions and neighbors’ sensibilities, albeit with a bit more legislative clarity.

Personally, I’m not worked up about the General Assembly asserting itself here. Has anyone ever said “I wish my HOA was more powerful”?

FLAG PLANS FORMING: On Tuesday, the Illinois Flag Commission will begin accepting submissions for a new state flag. Visit ilsos.gov/special/IFC/home.html for more information. If you choose to submit your own design – everyone is allowed up to three – I’d love to see and share with readers.

The commission will put up 10 designs for a six-week public vote starting Jan. 1; the public can indicate a preference for keeping the current flag. Whatever comes out of that process is only part of the commission’s eventual report to lawmakers, who also could opt to just preserve the status quo.

THREE READINGS RULE: Wednesday’s column asserted the General Assembly clearly sidestepped its “three readings” rule to enact Senate Bill 2412. Rich Miller pointed me to a helpful post on his CapitolFax blog offering informative historical context: tinyurl.com/3Readings. There’s always more to learn!

• Scott T. Holland writes about state government issues for Shaw Local News Network. Follow him on X @sth749. He can be reached at sholland@shawmedia.com.