Michigan · HOA, condominium, and co-op rules
What does Michigan's Homeowners' Energy Policy Act protect?
Direct answer
Michigan protects listed energy-saving improvements, including EV-supply equipment, air- and ground-source heat pumps, clotheslines, and rain barrels, without HOA approval. Solar energy systems follow a separate application process. These protections do not apply to work in common areas or on shared roofs; confirm that the installation area is yours to use.
Michigan HOA members proposing equipment on property they own or control; common areas and shared roofs are excluded from this act.
Identify who owns and controls every installation surface and cable or pipe route.
Check local permits, safety requirements, and utility connection rules.
This act does not supply rights to install equipment in common areas or on roofs serving more than one home or unit.
Match your project to the rule
The Homeowners’ Energy Policy Act gives HOA members two different routes. Under MCL 559.303(c) and 559.305, an association agreement cannot prohibit or require approval for the listed energy-saving improvements or the auxiliary changes needed to install them. Solar energy systems use the separate application rules in MCL 559.307–559.311.
| Project | What the act means for you | Location limit to check first |
|---|---|---|
| Solar energy system | A blanket prohibition is unenforceable, but submit the statutory written application and follow the association’s lawful solar policy. | The act excludes common areas and roofs serving more than one home or unit. |
| EV-supply equipment | Listed energy-saving equipment does not need association approval under §559.305. | The act does not give you a new right to occupy common parking, trench across common land, or connect to someone else’s electrical service. |
| Air-source or ground-source heat pump | Both types appear in the protected list. | Check ownership and control of the outdoor-unit location, pipe route, and any ground-loop land; common-area work is excluded. |
| Clothesline | A listed improvement protected from HOA prohibition and approval requirements. | Choose a location you may lawfully use; the common-area exclusion still applies. |
| Rain barrel | Rain barrels appear in the protected list. | Keep the barrel and installation work outside excluded common areas. A large cistern or potable-water system needs its own equipment and plumbing analysis. |
The common-area and shared-roof exclusions are in MCL 559.313; definitions are in §559.303(a), (e), and (g). A shared roof includes a contiguous roof serving adjacent homes. Calling a surface “my roof” does not change the recorded ownership or the number of units it serves.
What can still be required
Local building, electrical, mechanical, health, and safety requirements remain. Under §559.305(2)–(3), local government cannot make HOA approval a prerequisite for covered energy-saving improvements, but it may impose its own applicable requirements. Utility connection and service-capacity questions also need to be resolved for the actual installation.
For solar, obtain the written solar policy and submit the information required by §559.311. Keep the plan, application, and delivery record. The solar application guide explains decisions and permitted conditions. Do not apply the solar clock to a clothesline or heat pump that falls under the separate energy-saving-improvement rule.
What to do next
- Mark the proposed equipment, wiring, pipes, and ground work on a site plan. Match each location to the deed, plat, and declaration.
- Identify whether your equipment is a listed energy-saving improvement or a solar energy system. Keep the statutory section with your project file.
- Resolve local permits and utility requirements. For solar, also submit the written application; for other covered improvements, identify any HOA demand that conflicts with §559.305.
- If there is a dispute, ask for the exact restriction and its claimed legal basis in writing. Preserve the correspondence and use the Michigan records and remedies guide.
Official source
- Michigan Legislature: Homeowners’ Energy Policy Act, MCL 559.301–559.317, especially definitions, §559.305, the separate solar provisions, and §559.313.
Prepare an approval request
Records and documents checklist
- Deed, condominium plat, and declaration showing the installation area and roof boundaries.
- A plan identifying the equipment, electrical connection, heat-pump ground loop, or barrel/clothesline location.
- For solar, the association policy, written application, and proof of delivery.
Official sources
| Authority | Source | Relevant section | Checked |
|---|---|---|---|
| Michigan Legislature | Michigan Homeowners’ Energy Policy Act — current compilation | MCL 559.303(c), (e), (g), (j); MCL 559.305; MCL 559.307–559.311; MCL 559.313 | 2026-09-13 |
Frequently asked questions
Do all protected improvements use the solar application process?
No. MCL 559.305 invalidates association approval requirements for listed energy-saving improvements. Solar energy systems have the separate policy and application process in MCL 559.309–559.311.
Does owning a condominium unit give me rights to its shared roof?
No. MCL 559.313 excludes work on a shared roof or in a common area. Identify the ownership and use rights for the proposed location before applying the act.
Are both kinds of heat pump covered?
The statutory list names air-source and ground-source heat pumps. A ground loop or outdoor unit still needs a lawful location outside the act’s common-area and shared-roof exclusions.