Michigan HOA Limits: Solar Access & Homeowner Protections

Signed July 8, 2024, the Homeowners' Energy Policy Act (PA 68 of 2024, codified at MCL 559.301-559.317) is Michigan's strongest statutory limit on HOA authority. Under MCL 559.309 each homeowners' association must "adopt a written solar energy policy statement" within one year of the effective date. The Act states that "[a] provision in a homeowners' association agreement or the policy adopted... that prohibits or has the effect of prohibiting the installation of a solar energy system is invalid and unenforceable as contrary to public policy." Any standards an HOA does impose may not reduce the system's electricity production by more than 10% or increase the member's installation cost by more than $1,000. Outside this solar law, Michigan leaves HOA-versus-owner disputes to the declaration and the Condominium Act.

An HOA rule that bans or effectively blocks a solar energy system is void and unenforceable under MCL 559.309; permitted standards cannot cut output by more than 10% or add more than $1,000 to installation cost. Associations that missed the written-solar-policy deadline are out of compliance.