Illinois HOA Native Plant Law: What the Native Landscaping Act Covers
Illinois Native Landscaping Act (5 ILCS 855) (effective 2020)
The Illinois Native Landscaping Act (5 ILCS 855, effective January 1, 2020) prohibits units of local government and state agencies from banning or penalizing native plant landscapes. This law protects homeowners from city and township weed ordinances — it does not directly bind private HOAs. Illinois does not have a statewide statute equivalent to Texas §202.007 or California §4735 that explicitly overrides HOA deed restrictions on native landscaping. Homeowners in Illinois HOAs should review their specific CC&Rs and consult an Illinois attorney.
What Your HOA Cannot Do Under Illinois Law
- ✓Note: 5 ILCS 855 applies to local government ordinances, not private HOAs. There is no Illinois statute that directly prevents HOAs from enforcing landscaping rules against native plants.
- ✓Local governments (cities, villages, townships) cannot use weed ordinances to require removal of intentionally cultivated native plant gardens
What Your HOA May Still Regulate
- –Enforce landscaping rules in CC&Rs — Illinois has no statewide HOA override for native landscaping
- –Require that yards be maintained according to association standards
- –Fine members for violations of deed restrictions, including landscaping rules
The law limits what HOAs can prohibit, not what they can regulate. Keeping your landscaping maintained and intentional-looking is the most effective way to avoid friction under any HOA regime.
Official source: Illinois Native Landscaping Act (5 ILCS 855) text. This page is educational context, not legal advice. For enforcement questions, consult a Illinois HOA attorney.
Frequently Asked Questions
Does the Illinois Native Landscaping Act protect me from my HOA?
No, not directly. The Illinois Native Landscaping Act (5 ILCS 855) protects homeowners from local government weed ordinances — it prevents cities and townships from requiring you to remove intentionally cultivated native plants. Private HOAs are not bound by this law. If your HOA's CC&Rs restrict native landscaping, you do not have a clear Illinois statute to cite as a defense. Consult an Illinois HOA attorney about your specific governing documents.