What are the records and remedies when a Michigan HOA violates the Homeowners' Energy Policy Act?

What the rule says

In Michigan, a member whose homeowners' association violates the Homeowners' Energy Policy Act may
bring a civil action for damages against the association, and the court may award reasonable
attorney fees and the costs of the action if the member prevails. That is the remedy the act
creates — MCL 559.315, section 15 of 2024 PA 68 (Enrolled HB 5028), effective April 2, 2025:

If a homeowners' association violates this act, a member may bring a civil action against the
homeowners' association for damages. If the member prevails in an action brought under this act,
the court may award reasonable attorney fees and the costs incurred in bringing the action.

Two details in that sentence matter. First, the remedy is damages you prove — the act sets no
minimum or fixed amount. Second, the fee award is discretionary ("may award"), so a winning
case does not automatically shift your attorney fees to the association.

The same act tells you what counts as a violation worth documenting:

• Enforcing a prohibited provision. A provision that prohibits, or requires association
  approval for, replacing, maintaining, installing, or operating an energy-saving improvement or
  modification is invalid and unenforceable as contrary to public policy (MCL 559.305(1)(a)), as
  is a provision compelling auxiliary changes or requiring approval for them (MCL 559.305(1)(b)).
  The statutory list of energy-saving improvements includes clotheslines, air source and ground
  source heat pumps, insulation, rain barrels, reflective roofing, energy-efficient appliances,
  solar water heaters, electric vehicle supply equipment, and energy-efficient windows and
  insulation materials (MCL 559.303(c)).
• Blocking solar. A provision in the association agreement or its solar policy that prohibits,
  or has the effect of prohibiting, installation of a solar energy system is invalid (section 7).
• Missing the decision clock. The association must approve or deny a complete written solar
  application within 30 days of receipt — or 120 days if the application arrives before the
  association adopts its required solar policy (MCL 559.311(2)).
• Fining a member who proceeded after the clock lapsed. If the association fails to adopt the
  required policy on time or fails to decide within the clock, the member may proceed with
  installation, and the association shall not impose fines or otherwise penalize the member for
  complying with the act (MCL 559.311(3)).
• Failing to adopt a solar policy. Each association had to adopt a written solar energy policy
  within one year of the effective date; a policy may not prohibit roof-face installation, require
  a specific technology, reduce estimated annual production by more than 10%, or add more than
  $1,000 to the member's installation cost (section 9).

Which authority controls

No state agency enforces the Homeowners' Energy Policy Act. The enrolled act's text assigns no
enforcement or complaint-handling role to LARA, the Attorney General, the Public Service
Commission, or any other department — the civil action under MCL 559.315 is the enforcement
mechanism the legislature wrote.

Two adjacent state offices are still useful to know about, but they are not act enforcers:

• Michigan Attorney General — Consumer Protection accepts consumer complaints (its online
  consumer complaint form covers deceptive practices). It can be an appropriate channel for
  consumer-protection problems connected to your project, such as a contractor's deceptive conduct,
  but it does not adjudicate HOA violations of this act.
• LARA's Bureau of Construction Codes — Licensing Section licenses and disciplines residential
  builders and maintenance and alteration contractors. That is the channel for problems with the
  installer's license or conduct, not for association violations.

What may still be required or restricted

The act's protections have real limits, and knowing them keeps expectations honest:

• Common areas and shared roofs are outside the act. The act does not apply to installations in
  a common area or on a shared roof (section 13). A condominium owner's shared-roof project is
  governed by the condominium documents and other law, not by this act.
• Local government requirements survive. A local unit of government may impose requirements
  that prohibit or limit an energy-saving improvement, and may not require association approval for
  one (MCL 559.305(2)-(3)). State and local building codes, permits, and utility requirements still
  apply to your installation.
• The association still decides on time. The act does not abolish approval; it sets a clock and
  limits the reasons. A timely, good-faith denial under a compliant policy can still stop a
  project, and an application that is incomplete may not start the clock.
• Fee recovery is not guaranteed. Because the fee award is discretionary and damages must be
  proved, the practical value of a suit depends on the evidence of harm and the conduct involved.

Facts that could change the answer

Whether the act helps you turns on facts you can verify and document:

• Are you a "member"? The act covers an owner of a home or unit within the association's
  jurisdiction (MCL 559.303(e)). Renters and non-owners are not members under the act.
• Where is the installation? Common-area and shared-roof work falls outside the act (section
  13).
• Was the application complete and delivered? The five required items are your name, the
  street address, the installer's name and contact information, a layout image, and a description
  of the system (MCL 559.311(1)). The 30-day clock runs from receipt of that written application.
• Did the clock actually lapse? The no-fines rule attaches when the association failed to adopt
  the policy or to approve or deny within the applicable period (MCL 559.311(3)).
• Was the denial based on a prohibited ground? A denial resting on a provision the act makes
  invalid is itself the violation you would sue over.

Practical decision path

1. Submit in writing the complete application (the five items above) and get proof of delivery
   — certified mail, date-stamped email, or a signed receipt.
2. Note the receipt date and calendar the decision deadline (30 days, or 120 days if no policy
   has been adopted).
3. If denied or ignored, ask in writing for the specific governing provision and the factual
   basis for the decision.
4. Decide whether to proceed after the clock lapses. The act says you may, and that the
   association may not fine or penalize you for complying with the act — but you still need local
   permits and code compliance before starting work.
5. Document everything the association does afterward: fines, penalty notices, threats,
   liens, or enforcement letters.
6. Try a written demand before suing: state the act's provision, the facts, and the harm.
7. If a lawsuit is warranted, consult a Michigan attorney about a civil action under MCL
   559.315. Separately, file an Attorney General consumer complaint if there is a consumer-
   protection angle, and verify the contractor's license through LARA.

Records to keep

• The written application and every attachment, with proof of the date received.
• The association's responses: letters, emails, notices of violation, fine and penalty statements,
  board meeting minutes, and written denials with reasons.
• The association's adopted solar policy statement, your governing documents, and amendments.
• Proof the decision clock lapsed: calendars, follow-up emails, and delivery records.
• Cost documentation: quotes, invoices, any extra costs the association's demands caused, and any
  fines or penalties paid.
• Dated photos of the installation, plus local permit, inspection, and utility interconnection
  records.
• A log of every conversation with board members or management, with dates and names.

When professional advice may help

Consider a Michigan attorney before filing suit (fee-shifting is discretionary, so the cost-risk
calculus is real), if the association threatens liens, foreclosure, or suspension of privileges, if
your project involves a common area or shared roof, or if the association has taken adverse action
against you. An attorney can also help value the damages claim and negotiate a settlement that
avoids litigation.

Before work begins, obtain the written requirement from the association, landlord, permit office, or serving utility and keep the record.