When can a Michigan HOA deny or condition a solar application?

What the rule says

A Michigan homeowners' association usually may not deny or condition a solar application except on the narrow grounds set by the Homeowners' Energy Policy Act, 2024 PA 68, effective April 2, 2025, codified at MCL 559.303 to 559.315. The act makes blanket prohibitions unenforceable, requires every association to adopt a written solar energy policy, caps the effect any association standard may have on a system's production and cost, and lists the circumstances under which an association may deny an application or require removal.

First, the act voids the most common tools of denial. A provision in a homeowners' association agreement that prohibits, or requires association approval for, a member to replace, maintain, install, or operate an "energy-saving improvement or modification" is invalid and unenforceable as contrary to public policy (MCL 559.305(1)). A provision in an association agreement or in the solar policy that prohibits, or has the effect of prohibiting, the installation of a solar energy system is likewise invalid (MCL 559.307).

Second, every homeowners' association must adopt a written solar energy policy statement within one year of the effective date - that is, by roughly April 2026 - and the policy's content is regulated (MCL 559.309(1)). The policy may not prohibit installation of system elements on a roof face, may not require a specific technology such as solar shingles rather than traditional panels, and may not include any provision that contradicts the act (MCL 559.309(1)(b), (c), (e)). Any standard the association enforces may not reduce the system's estimated annual electrical production by more than 10% or increase the total installed cost to the member by more than $1,000 (MCL 559.309(1)(d)). A policy provision that conflicts with the act is void and unenforceable (MCL 559.309(3)).

When denial or removal is permitted

The policy must state that the association may deny an application or require removal of a system only when one or more of the following apply (MCL 559.309(1)(f)(iv)):

• A court has found that the installation of the solar energy system violates a law.
• The installed system does not substantially conform to the member's application as approved.
• For a roof installation, the system extends above or beyond the roof by more than 6 inches; does not conform to the slope of the roof with a top edge not parallel to the roof line; or has a frame, support bracket, or visible conduit or wiring that is not in a commonly available silver, bronze, or black tone.
• For a fenced-yard or patio installation, the system is taller than the fence line.

The policy must also state that the association will not deny an application because of who owns the system or how it is financed, will not inquire into the member's energy usage, will not impose conditions that impair operation or negatively affect any component industry standard warranty, will not require postinstallation reporting, and will not charge an application fee above what it assesses for other property-change applications (MCL 559.309(1)(f)(ii)-(iii)).

Conditions the association may still impose

Within those limits, the association keeps real authority. It may enforce the standards established under the act, including the roof and fence-line criteria above. It may impose reasonable conditions on the maintenance, repair, replacement, or removal of a damaged or inoperable system, provided the conditions are no more burdensome than those imposed on nonsolar projects (MCL 559.309(1)(g)). Approval of an adjacent home or unit owner is not required (MCL 559.309(1)(f)(i)). The act also leaves state and local building codes and permit requirements in force: members must comply with them, and the act does not stop a local unit of government from imposing its own requirements that may limit or prohibit an energy-saving improvement, although a local government may not require association approval (MCL 559.305(2)-(3); MCL 559.309(1)(f)(v)).

The application process and the decision clock

A member who wants to install a solar energy system must submit a written application containing the member's name, the street address of the installation, the installer's name and contact information, a layout image, and a description of the system (MCL 559.311(1)). The association must approve or deny the application within 30 days of receipt, or within 120 days if the application arrives before the association has adopted its policy (MCL 559.311(2)). If the association fails to adopt its policy on time or fails to decide within the clock, the member may proceed with the installation and the association may not impose fines or otherwise penalize the member for complying with the act (MCL 559.311(3)). A member whose application was denied before the effective date may resubmit, and the association must reevaluate it under the act (MCL 559.311(4)).

What the act does not cover

The act does not apply to the replacement, maintenance, installation, or operation of an energy-saving improvement or a solar energy system in a common area or on a shared roof, defined as a roof serving more than one home or unit (MCL 559.313; MCL 559.303(g)). For condominium and townhome owners, whether the act applies therefore turns on where the system goes: an owner's own roof (if not shared) and fenced yard or patio are protected territory, while common-area and shared-roof projects are not covered by this act. The act also does not address manufactured housing communities, co-ops, or rental property; only an "owner of a home or unit that is within the jurisdiction of the homeowners' association" is a protected member (MCL 559.303(e)).

Facts that could change the answer

• Whether the installation location is your home or unit, a common area, or a shared roof changes whether the act applies at all.
• Whether a particular denial fits a listed ground - for example, what "substantially conform" means for your approved layout - depends on the facts.
• Whether a standard is lawful depends on its actual effect on estimated annual production (the 10% cap) and installed cost (the $1,000 cap).
• Whether the decision clock ran depends on the application date, receipt, and any requests for information.
• Local permit, code, and utility requirements are independent of the HOA decision and always remain in force.

Practical decision path

1. Get the governing documents and the association's solar policy in writing.
2. Confirm the installation location is not a common area or shared roof.
3. Submit the written application with all five required elements and keep proof of delivery.
4. Have the installer put estimated annual production and total installed cost in writing.
5. If the association proposes conditions, compare them against the 10% and $1,000 limits and the listed denial grounds.
6. If denied, ask for the written decision and the specific ground; if the clock expires without a decision, preserve the record before proceeding.
7. Complete permits, code, and utility interconnection steps separately.

Records to keep

Keep the policy, the application and delivery proof, the written decision with dates, the installer's production and cost figures, and any correspondence about conditions. If a dispute reaches litigation, MCL 559.315 lets a member sue the association for damages for violating the act, and a prevailing member may be awarded reasonable attorney fees and costs - which makes the paper trail matter.

When professional advice may help

Whether a denial or condition fits the act's listed grounds, whether a roof is "shared," and how the act interacts with your governing documents and local requirements are fact-specific questions. Consider advice from a Michigan attorney familiar with community associations before starting work over an objection, resubmitting after a denial, or pursuing a claim. Before work begins, obtain the written requirement from the association, landlord, permit office, or serving utility and keep the record.