Spring is finally here! Illinois homeowners are eager to spruce up their yards and now have more freedom to cultivate native plants on their property. In recent years, there has been a push for more sustainable, eco-friendly living which in turn has influenced both private and public sectors. The need for pollen and nectar-rich plants has gained momentum as it helps bees and butterflies thrive — as opposed to the traditional manicured lawn.

The Illinois Homeowners’ Native Landscaping Act (the “Act”) was passed on July 19, 2024, it prohibits community associations (homeowners and/or condominium associations) from banning native landscaping outright and is effective immediately.

What is a native landscape? A native landscape is defined by the Act as, “…an intentionally maintained area of trees, shrubs, vines, ferns, flowers, forbs, sedges, grasses and other plants composed mainly of Illinois native species.” The Act supports efforts to promote native plant species as these plants oftentimes require less maintenance and water and support local ecosystems. 

Yet, the Act reminds us that native species, as defined above, do not include exotic or noxious weeds.  Therefore, according to the Act, an association shall not prohibit any resident or owner from planting or growing Illinois native species so long as the area is kept free of weeds, invasive species and trash. The Act outlines other important restrictions such as vegetation must not interfere with traffic or utilities.

However, a community association may adopt reasonable rules and regulations, so long as they do not impair the native landscape’s maintenance and care or impose height restrictions. The rules and regulations shall not apply to common areas or elements or to other property owned by the association or to owners who do not have the authority to landscape or plant under the association’s governing documents.

Now that spring is here, community associations must revise existing landscaping policies to ensure that they comply with the Act. For more information, contact Tressler LLP, HOA Law attorney Katerina Tsoukalas-Heitkemper at kheitkemper@tresslerllp.com.

For more information about this article, contact Sayra Contreras at scontreras@tresslerllp.com.