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Michigan · EV charging

Can a Michigan HOA restrict an EV charger?

Direct answer

Usually, no outright ban — and generally no approval requirement either. Since April 2, 2025, Michigan's Homeowners' Energy Policy Act (2024 PA 68, MCL 559.303-559.313) makes provisions in a homeowners' association agreement that prohibit, or require association approval for, installing an EV charger invalid and unenforceable, because electric vehicle supply equipment is expressly listed as an energy-saving improvement. The act does not cover installations in a common area or on a shared roof, so a charger in association-owned or shared parking is not protected by this statute.

Jurisdiction: Michigan Property: Home governed by an association, Condominium, Townhome Sources checked 2026-08-16

This guide is for Michigan owners of a home or unit in a homeowners' association community who want to install an electric vehicle charger on their own property.

It covers the statewide Homeowners' Energy Policy Act.

Before applying, confirm whether a particular charger design is safe, whether a permit or utility upgrade will be approved, or disputes over chargers in common areas or on shared roofs.

What the rule says

Since April 2, 2025, Michigan's Homeowners' Energy Policy Act (2024 PA 68,
codified at MCL 559.303–559.313) protects EV chargers in homeowners' association
communities. The act defines "electric vehicle supply equipment" as a machine or
other device supplied with electricity that is designed or used to place or deliver
electricity into the battery storage system of a motor vehicle, and it expressly
lists electric vehicle supply equipment among the "energy-saving improvement or
modification" items the act protects (MCL 559.303(b), (c)(ix)).

Under MCL 559.305(1), any of the following in a homeowners' association agreement is
invalid and unenforceable as contrary to public policy:

  • a provision that prohibits, or requires the approval of the association for, a
    member to replace, maintain, install, or operate an energy-saving improvement or
    modification; and
  • a provision that compels, or requires association approval for, a member to make
    auxiliary changes needed for the installation of an energy-saving improvement or
    modification.

Because EV supply equipment is an energy-saving improvement under the act, an HOA
agreement provision that bans a charger outright — or that says the board must
approve it first — is generally void. The act also says a local unit of government
may not require a member to obtain association approval for an energy-saving
improvement (MCL 559.305(2)).

A member whose association violates the act may bring a civil action for damages,
and a prevailing member may recover reasonable attorney fees and the costs of the
action (MCL 559.315).

Which authority controls

The act is state law enacted by the Michigan Legislature and codified in the
Michigan Compiled Laws, so it sits above association governing documents. The
Michigan Department of Environment, Great Lakes, and Energy (EGLE) is the state's
energy agency and hosts the state's energy information for homeowners. The act does
not replace local building departments: electrical work on a charger generally still
needs a local permit, inspection, and any utility service coordination, and those
authorities act independently of the association.

What may still be required or restricted

The act is not a blank check. It is limited in several ways that matter in practice:

  • Common areas and shared roofs are excluded. The act does not apply to the
    replacement, maintenance, installation, or operation of an energy-saving
    improvement in a common area or on a shared roof (MCL 559.313). "Common area"
    includes association-owned or association-managed garages and parking amenities
    (MCL 559.303(a)). If your charger would sit in shared or association-owned
    parking, the act does not protect the installation, and the governing documents
    and local law control instead.
  • Local requirements survive. The act does not stop a local unit of government
    from imposing its own requirements, which may prohibit or limit an installation
    (MCL 559.305(3)). Local zoning, electrical codes, and permit rules still apply.
  • The act protects the installation, not everything around it. The void
    provisions target prohibitions and approval requirements. Generally applicable
    rules that do not single out or block the charger — for example, safety,
    maintenance, parking, or insurance rules that apply to equipment generally — are
    not addressed by the act, and their enforceability depends on the specific rule.
  • No statutory decision clock for chargers. The act's written-application
    process and 30-day approval clock apply only to solar energy systems, and its
    detailed "reasonable restriction" standards are part of the solar policy
    provisions. There is no equivalent EV-charger application process in the act, so
    the act's protection for chargers is the voiding of bans and approval
    requirements, not a timeline.
  • No separate EV-charging statute was identified. A search of the Michigan
    Compiled Laws for "electric vehicle supply equipment" surfaces the act's
    definition at MCL 559.303 as the only Chapter 559 provision on point; no separate
    Michigan statute specifically governing EV chargers in HOAs was identified in the
    official sources reviewed as of August 16, 2026.

Facts that could change the answer

  • Where the charger goes. In your own garage or unit, the act usually applies.
    In a common area or on a shared roof, it does not (MCL 559.313).
  • What the provision says. A flat ban or an approval requirement is what the act
    voids. A generally applicable rule about parking, safety, or maintenance may still
    be enforceable if it does not operate as a prohibition.
  • What local law requires. A city, township, or village requirement can still
    limit the installation (MCL 559.305(3)).
  • Whether the association is a "homeowners' association" under the act's text.
    The act speaks of provisions "in a homeowners' association agreement," so the
    specific governing document and association structure matter; the act has not been
    broadly interpreted by the courts in the official sources reviewed.
  • Electrical reality. Permits, panel capacity, and utility service rules are
    independent of the act and can affect whether and how a charger is installed.

Practical decision path

  1. Read the governing documents and any rules about vehicles, parking, electrical
    work, or energy improvements, and ask the board in writing which provisions it
    says apply.
  2. Determine whether the charger will be on your own property (usually protected)
    or in a common area or shared roof (not covered by the act).
  3. Get the local building or electrical permit and follow inspection requirements;
    coordinate panel or service upgrades with a licensed electrician and, if needed,
    your utility.
  4. Put the installation in writing to the association with the proposed equipment,
    location, and installer, and keep proof of delivery even if no approval is
    required.
  5. If the association blocks the installation or fines you, ask it to cite the exact
    provision and explain its basis in writing, and keep the record.
  6. If the dispute continues, consider an attorney familiar with Michigan
    common-interest-community law before starting work over an objection or filing a
    civil action.

Records to keep

Keep the governing documents, the written notice or application to the association,
proof of delivery, every response or rule cited, the permit and inspection records,
the installer's contract and invoice, the equipment specification sheet, and any
utility paperwork. If the association denies or penalizes the installation, preserve
the denial letter or fine notice and the timeline of events — those are the core of
any claim under the act, where a prevailing member can recover damages plus
reasonable attorney fees and costs (MCL 559.315).

When professional advice may help

The act is new — it took effect
April 2, 2025 — and its scope, including which associations and which rules it
covers, has not been settled by the courts in the official sources reviewed. An
attorney familiar with Michigan community-association law can help you read your
specific governing documents and decide how to respond if the association objects.
Before work begins, obtain the written requirement from the association, landlord, permit office, or serving utility and keep the record.

Which rules usually control

  1. Michigan Homeowners' Energy Policy Act, 2024 PA 68, MCL 559.303-559.313 (2024 PA 68) — definition of electric vehicle supply equipment at 559.303(b) and (c)(ix); invalid provisions at 559.305; common-area and shared-roof exclusion at 559.313; civil remedy at 559.315
  2. Local building, electrical, and permitting requirements
  3. Association governing documents, as limited by the act

The order shown is typical for this question; the controlling order can differ in a particular dispute.

Records and documents checklist

  • Get a current copy of the association's governing documents and any rule or policy that mentions vehicles, parking, electrical work, or energy improvements.
  • Confirm where the charger will go: your own garage or unit, a shared roof, or a common area owned or managed by the association.
  • Ask the association to identify, in writing, the exact provision it says applies to the charger and why.
  • Keep the written application or notice, proof of delivery, and every response.
  • Complete the local building or electrical permit process separately from any association matter, and keep the permit and inspection records.
  • Keep the installer's contract, invoice, equipment spec sheet, and any utility upgrade or interconnection paperwork.
  • If the association denies or fines, preserve the denial letter, the governing provision, and the timeline of events.

Official sources

Official sources supporting this guide
AuthoritySourceRelevant sectionChecked
Michigan Legislature — Michigan Compiled Laws MCL - Section 559.303 - Michigan Legislature (definitions: member, common area, shared roof, energy-saving improvements) §§ 559.303 - Michigan 2026-08-16
Michigan Legislature — Michigan Compiled Laws MCL - Section 559.305 - Michigan Legislature (invalid and unenforceable provisions; local government requirements) §§ 559.305 - Michigan 2026-08-16
Michigan Legislature - Michigan Compiled Laws MCL - Section 559.313 - Michigan Legislature (act does not apply to common areas or shared roofs) §§ 559.313 - Michigan 2026-08-16
Michigan Legislature - MCL Search MCL Search Results: electric vehicle supply equipment (6 results; only Chapter 559 hit is 559.303) Chapter 559 2026-08-16
Michigan Department of Environment, Great Lakes, and Energy (EGLE) Energy - Michigan EGLE (michigan.gov/energy) General guidance 2026-08-16

Verification and next review

Verified against the official sources listed above on 2026-08-16. Next scheduled review: 2026-11-14.

A rule change, agency update, or correction report can trigger an earlier review.

Article changelog

  • 2026-08-16 — Published

Frequently asked questions

Can my HOA require me to get board approval before installing a charger in my own garage?

Under the Homeowners' Energy Policy Act, a provision in the association agreement that requires association approval to install an energy-saving improvement — and electric vehicle supply equipment is expressly one — is invalid and unenforceable as contrary to public policy (MCL 559.305(1)). The act also says a local unit of government may not require association approval (MCL 559.305(2)). The act does not cover common areas or shared roofs (MCL 559.313).

Does the act give me a deadline for HOA approval, like the solar rules do?

No. The written-application process with the 30-day clock applies only to solar energy systems (MCL 559.311). For EV chargers the act instead voids approval requirements outright. There is no statutory decision clock for chargers, and the act does not list permitted charger-specific restrictions the way it does for solar policies.

My charger would be in a shared parking garage the association manages. Am I protected?

Probably not by this act. The act does not apply to the replacement, maintenance, installation, or operation of an energy-saving improvement in a common area or on a shared roof (MCL 559.313). Governing documents, parking rules, and local law control in that situation, so ask the association in writing what its rules allow.

Can the HOA still fine me for other reasons after I install a charger?

The act voids provisions that prohibit, or require approval for, the installation itself. It does not excuse you from local building and electrical codes, permits, utility requirements, or generally applicable rules that are not aimed at blocking the charger.