What must a Michigan HOA's solar energy policy statement contain?

What the rule says

Michigan's Homeowners' Energy Policy Act (2024 PA 68, effective April 2, 2025, codified at
MCL 559.303 through 559.315) requires
every homeowners' association in the state to adopt a written solar energy policy statement.
The act gives the association one year from its effective date to adopt the policy, so the
deadline was April 2, 2026 — and it has now passed. An association that has not adopted a
policy is out of compliance with the act.

The act does not leave the content to the association's discretion. MCL 559.309
sets out what the policy must include, what it may not include, and how members must be able to
get it. It also makes any policy provision that conflicts with the act void and unenforceable
(MCL 559.309(3)).

The policy requirement sits inside a larger protection: provisions in an association agreement
that prohibit, or require association approval for, replacing, maintaining, installing, or
operating an energy-saving improvement or modification — a defined list that 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 — are invalid and unenforceable (MCL 559.303(c); MCL 559.305(1)).
Likewise, an agreement or policy provision that prohibits, or has the effect of prohibiting,
the installation of a solar energy system is invalid (MCL 559.307).

What the policy statement must contain

Under MCL 559.309(1), a policy
adopted under the act must not conflict with existing local, state, or federal law, and all of
the following apply to it:

• It must include the standards the association will enforce under the act.
• It may not prohibit elements of the system from being installed on a roof face.
• It may not require a specific technology, such as solar shingles rather than traditional
  panels.
• Its standards may not reduce the system's estimated annual electrical production by more
  than 10 percent, or increase the member's total installation cost by more than $1,000.
• It must not include a provision that contradicts the act.

The policy must also include six specific statements (MCL 559.309(1)(f)): that approval of an
adjacent home or unit owner is not required; that the association will not inquire into a
member's energy usage, impose conditions that impair the operation of the system, impose
conditions that negatively affect any component industry standard warranty, require
post-installation reporting, charge a fee for a solar application above what it charges for
other property-change applications, or prohibit resubmission of an application after a denial;
that the association will not deny an application because of who owns the system or the
member's financing method; the grounds on which the association may deny an application or
require removal; that the member must comply with state and local building codes and permit
requirements; and that the member must follow the act's application requirements and may
resubmit a denied application.

The only express denial or removal grounds the act permits in a policy are: a court finding
that the installation violates a law; the installed system does not substantially conform with
the approved application; a roof installation that extends more than 6 inches above or beyond
the roof, does not conform to the roof slope (top edge not parallel to the roof line), or has a
frame, support bracket, or visible conduit or wiring that is not a silver, bronze, or black
tone commonly available in the marketplace; or a fenced-yard or patio installation that is
taller than the fence line (MCL 559.309(1)(f)(iv)). The policy may impose reasonable conditions
on maintenance, repair, replacement, or removal of a damaged or inoperable system, but only if
they are no more burdensome than the conditions imposed on nonsolar projects (MCL 559.309(1)(g)).

When the policy must be provided

MCL 559.309(2) requires the
association to do two things: make a copy of the policy available to a member within 30 days
after the policy's adoption, or on request, and post a copy on its website if it maintains
one. The act does not require the policy to be filed with or approved by any state agency;
the policy is an association obligation that members can enforce directly.

How applications work under the policy

A member who wants to install a solar energy system must submit a written application with the
member's name, the street address of the installation location, the installer's name and
contact information, an image showing the system's layout, and a description of the system
(MCL 559.311(1)). The
association must approve or deny within 30 days after receiving a complete application
under an adopted policy, or within 120 days if the application is submitted before a policy
has been adopted (MCL 559.311(2)).

If the association fails to adopt a policy within the statutory period, or fails to approve or
deny within the applicable window, the member may proceed with the installation, and the
association may not fine or otherwise penalize the member for complying with the act (MCL
559.311(3)). A member whose application was denied before the act's effective date may
resubmit, and the association must reevaluate it under the act (MCL 559.311(4)).

What may still be required or restricted

The act does not make solar projects approval-free. Members must still comply with state and
local building codes and permit requirements (MCL 559.309(1)(f)(v)), and the act expressly
preserves a local unit of government's power to impose requirements that may prohibit or limit
an energy-saving improvement — though a local unit may not require association approval (MCL
559.305(2)-(3)). Reasonable policy conditions on maintenance and removal, and the specific
denial grounds listed above, remain enforceable.

The act also has an important boundary: it does not apply to the replacement, maintenance,
installation, or operation of an energy-saving improvement or modification, or the installation
of a solar energy system, in a common area or on a shared roof (MCL 559.313). A condominium
owner's shared-roof or common-area project is therefore governed by the governing documents and
other applicable rules rather than by the act.

Facts that could change the answer

• Whether the property is a detached HOA home, a unit with its own roof, or a shared-roof or
  common-area installation changes which rules apply.
• Whether the association adopted its policy by the April 2, 2026 deadline, and whether it
  provides copies and posts the policy as required, depends on the association's records.
• Whether a policy standard is lawful turns on the specific cost and production figures for
  your system measured against the 10 percent and $1,000 benchmarks.
• Whether the 30-day or 120-day clock applies depends on when the application was submitted
  relative to the policy's adoption.
• Local building, electrical, and permitting requirements are independent of the policy and
  always remain in force.

Practical decision path

1. Request the association's current written solar energy policy statement in writing, and
   confirm whether it has been adopted and posted.
2. Read the policy against the act's content requirements, especially the 10 percent production
   and $1,000 cost benchmarks.
3. Submit the written application with all five required items and keep proof of delivery.
4. Track the decision deadline (30 days, or 120 days if no policy has been adopted).
5. If the association denies, ask it to identify the exact policy ground and compare the stated
   reason against the act's permitted grounds.
6. Complete building, electrical, and permit steps separately from association approval.

Records to keep

Keep the policy copy, your written application and delivery proof, the association's written
decision, any fee charged, installer quotes, and estimated annual production figures. If a
dispute arises, [MCL 559.315]
allows a member to bring a civil action for damages, and a prevailing member may be awarded
reasonable attorney fees and the costs of the action.

When professional advice may help

If an association denies an application, imposes conditions that appear to exceed the act's
limits, or has not adopted a policy, talk to a Michigan attorney familiar with common interest
communities before starting work over an objection or filing suit. The act gives remedies, but
whether a particular policy provision or denial violates it depends on the facts.

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