What does Michigan's Homeowners' Energy Policy Act protect?

What the rule says

Michigan's Homeowners' Energy Policy Act, 2024 PA 68 (Enrolled House Bill 5028), protects
members of homeowners' associations from association-agreement provisions that stand in
the way of household energy upgrades. Approved by the Governor on July 8, 2024, the act
is codified in the Michigan Compiled Laws at MCL 559.303 through 559.315. In short: the
act makes certain agreement provisions invalid and unenforceable as contrary to public
policy, requires each association to adopt a written solar energy policy statement,
puts the association on a 30-day clock for solar applications, and gives members a civil
remedy.

Energy-saving improvements (MCL 559.305(1)). 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. The same is true of a provision that compels or requires approval for
"auxiliary changes" needed for the installation. The act's definition of energy-saving
improvement or modification expressly includes, but is not limited to: a clothesline; air
source heat pumps; ground source heat pumps; insulation; rain barrels; reflective roofing;
energy-efficient appliances; solar water heaters; electric vehicle supply equipment
(EV chargers); energy-efficient windows; and energy-efficient insulation materials (MCL
559.303(c)).

Solar energy systems (MCL 559.307). A provision in an association agreement — or in
the association's adopted solar policy — that prohibits, or has the effect of prohibiting,
the installation of a solar energy system is invalid and unenforceable. The act defines a
"solar energy system" broadly as the complete assembly of a solar collector, or a solar
storage mechanism, used to generate electricity or heat or cool materials — including its
design, materials, maintenance, operation, and labor components (MCL 559.303(j)-(k)).

The written solar policy (MCL 559.309). Within one year after the act's effective
date, each homeowners' association in Michigan must adopt a written solar energy policy
statement. The act lists what a valid policy may and may not do:

• It may not prohibit elements of a solar energy system from being installed on a roof
  face, and it may not require a specific technology (for example, solar shingles rather
  than traditional panels).
• Any standards the policy enforces may not reduce the system's estimated annual
  electrical production by more than 10% or increase the total installation cost to the
  member by more than $1,000.
• It must state that approval of an adjacent home or unit owner is not required, and that
  the association will not inquire into a member's energy usage, impose conditions that
  impair system operation or negatively affect warranties, require postinstallation
  reporting, charge an application fee above what it charges for other property-change
  applications, or prohibit resubmission after a denial.
• It must state that the association will not deny an application because of who owns the
  system or how the member finances it, and it must state that the member must comply
  with state and local building codes and permit requirements.
• The association must make the policy available within 30 days of adoption or on request,
  and post it on its website if it maintains one. Any policy provision that conflicts
  with the act is void.

The approval clock (MCL 559.311). A member who wants to install a solar energy system
submits a written application with the member's name, the street address, the installer's
name and contact information, an image showing the layout, and a description of the
system. The association must approve or deny the application within 30 days of receipt —
or within 120 days if the application comes in before a policy has been adopted. If the
association fails to adopt a policy on time or fails to decide within the window, the
member may proceed with installation, and the association may not impose fines or other
penalties for complying with the act. Members may also resubmit applications that were
denied before the act's effective date, and the association must reevaluate them under the
act.

Remedies (MCL 559.315). If an association violates the act, a member may bring a civil
action for damages. If the member prevails, the court may award reasonable attorney fees
and the costs of the action.

Which authority controls

The Michigan Legislature enacted the statute, and the Michigan Compiled Laws version is
the controlling text. The act itself does not create a state agency enforcement office:
it operates through association obligations and private civil actions in court. Local
units of government — counties, townships, cities, and villages — control building codes
and permits, and the act expressly preserves their authority to impose requirements that
may prohibit or limit an improvement. Where an association's governing documents,
architectural rules, or policies conflict with the act's protections, the act's language
controls; any policy provision that contradicts the act is void and unenforceable.

What may still be required or restricted

The act removes association-level bans and approval gates; it does not remove other
requirements:

• Permits and codes. Members must still comply with state and local building codes
  and permit requirements (MCL 559.309(1)(f)(v)). Local units of government may impose
  their own requirements that prohibit or limit an improvement, and they may not require
  association approval for it (MCL 559.305(2)-(3)).
• Specific solar denial grounds. The act lists the grounds on which an association
  may deny a solar application or require removal: a court has found the installation
  violates a law; the installed system does not substantially conform to the approved
  application; a roof installation extends more than 6 inches above or beyond the roof,
  does not conform to the roof slope, or has frames, brackets, or visible conduit not in
  commonly available silver, bronze, or black tones; or a fenced-yard or patio
  installation is taller than the fence line (MCL 559.309(1)(f)(iv)).
• Reasonable conditions. An association may impose reasonable conditions on the
  maintenance, repair, replacement, or removal of a damaged or inoperable solar system,
  as long as they are not more burdensome than conditions on nonsolar projects.
• Common areas and shared roofs. The act does not apply to installations in a common
  area or on a shared roof (MCL 559.313). A condominium owner's project on an association-
  managed roof or common ground is outside the act's protections.
• Who the act reaches. The act protects "members" — owners of a home or unit within
  the association's jurisdiction. It does not define "homeowners' association," does not
  address cooperative (co-op) housing or rental tenancies, and says nothing about
  standalone battery storage, which is not on the section 303(c) list (though batteries
  that are part of a protected solar energy system fall within the act's definition of a
  solar storage mechanism).

Facts that could change the answer

• Policy adoption status. Whether the association has adopted a solar policy changes
  the decision window (30 days vs. 120 days) and the standards that can be applied. The
  act required adoption within one year of its effective date, and its effective date is
  the 91st day after final adjournment of the 2024 Regular Session; check whether your
  association's policy exists and what it says.
• Property characterization. Whether your installation site is your home or unit,
  a common area, or a shared roof determines whether the act applies at all.
• Association type. Because the act does not define "homeowners' association," a
  court may need to decide whether a particular condominium or community association is
  covered; the act's references to "homes or units" cut both ways.
• Statutory changes. The Legislature can amend MCL 559.303-559.315; check the current
  text before relying on a deadline.

Practical decision path

1. Read the governing documents and obtain any adopted solar policy in writing.
2. Prepare the written application required by MCL 559.311(1) and submit it with proof of
   delivery.
3. Mark the 30-day (or 120-day) decision date on your calendar; if the association does
   not decide, the act says you may proceed, without fines or penalties.
4. Obtain local building, electrical, and other permits and follow local requirements
   regardless of the association's position.
5. If denied, ask for the specific standard relied on; resubmit if the denial relies on
   a ground the act does not allow, or if the application was denied before the act's
   effective date.
6. If the association continues to violate the act, consider a civil action for damages
   and attorney fees.

Records to keep

Keep the governing documents, any adopted policy and the date it was provided, your
complete written application and attachments, delivery confirmation, every written
response and denial, permit applications and approvals, contracts and receipts, and any
fines or notices the association sends. These records support both the 30-day clock and
a later damages claim.

When professional advice may help

A Michigan attorney familiar with common-interest communities can help if the
association denies an application, if a dispute turns on whether a roof or area is
common or shared, if you are a condominium or co-op owner and coverage is unclear, or if
you are considering a civil action under MCL 559.315. An attorney can also review whether
a proposed policy or denial complies with the act's specific standards.

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