Michigan adopted the Homeowners' Energy Policy Act (Public Act 68 of 2024, MCL 559.301 to 559.317), signed July 8, 2024 and effective April 1, 2025, which VOIDS any homeowners' association provision that 'prohibits or has the effect of prohibiting the installation of a solar energy system' on residential property. HOAs must adopt a written Solar Energy Policy Statement by April 1, 2026 setting REASONABLE rules on location, screening, and design. Outright bans are unenforceable. Condominium associations under the Michigan Condominium Act (MCL 559.101 et seq.) are also subject to certain solar provisions, though application to condo associations under PA 68 is the subject of practitioner debate.
Michigan's HOA solar landscape changed significantly with the Homeowners' Energy Policy Act (HEPA), Public Act 68 of 2024, codified at MCL 559.301 to 559.317. The Act was signed by Governor Whitmer on July 8, 2024, took effect April 1, 2025, and applies to homeowners' associations as defined in the Act. MCL 559.307 makes void and unenforceable any HOA bylaw, covenant, deed restriction, rule, or other governing document provision that 'prohibits or has the effect of prohibiting' the installation, maintenance, or operation of a 'solar energy system' on a residential property. MCL 559.309 requires each homeowners' association to adopt a written Solar Energy Policy Statement within one (1) year after the effective date — that is, by April 1, 2026 — addressing application procedures, allowable location, screening, color, mounting hardware, and indemnification, subject to the rule that the policy may NOT have the effect of prohibiting solar. Failure to adopt a policy does NOT revive the association's authority to prohibit solar; rather, the homeowner may proceed with reasonable installation. HEPA also limits the grounds on which an HOA may deny a solar application — denial must be in writing with specific reasons within a defined timeframe, and the homeowner may appeal under the Act's enforcement provisions in MCL 559.315 with attorney's-fee shifting available. Condominium associations governed by the Michigan Condominium Act, MCL 559.101 et seq., are subject to the Condominium Act's general provisions on master deeds and bylaws (MCL 559.155, 559.158, 559.165) — practitioners debate whether HEPA's definition of 'homeowners' association' reaches condominium 'associations of co-owners' since the Condominium Act uses different terminology. Most practitioner guidance through 2025-2026 advises condominium associations to comply with HEPA as a precaution and to adopt a Solar Energy Policy Statement. Common-area roofs in stacked condominiums and shared-roof situations are expressly excluded under MCL 559.313. Federal HUD and FHA loan rules do not preempt HEPA. Farmington Hills has many planned residential developments and condominium associations — homeowners should request the HOA's Solar Energy Policy Statement in writing before signing a solar contract and preserve any denial correspondence for potential enforcement under MCL 559.315.
An HOA that enforces an outright solar prohibition on or after April 1, 2025 violates MCL 559.307 — the provision is void and unenforceable, and the homeowner may sue in Oakland County Circuit Court under MCL 559.315 for declaratory and injunctive relief plus attorney's fees and costs if prevailing. An HOA that fails to adopt a written Solar Energy Policy Statement by April 1, 2026 loses any structured procedure to evaluate solar applications, and the homeowner may proceed with reasonable installation. An HOA may still adopt and enforce REASONABLE rules on location, screening, color, mounting hardware, indemnification, and application procedures consistent with MCL 559.309 — a homeowner who installs solar in defiance of those reasonable rules is subject to HOA enforcement including fines, liens under MCL 559.208 (Condominium Act lien procedures by analogy for HOAs), and Circuit Court action. The City of Farmington Hills will still issue building and electrical permits regardless of HOA dispute — the City does not enforce private covenants — but the homeowner remains exposed to HOA enforcement for non-compliant installations.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Farmington Hills, MI
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