Homeowners Energy Policy Act

The new Michigan law passed on July 8, 2024, takes effect March 19, 2025 (i.e. 91 days after the end of the final regular 2024 legislative session).
The new law essentially prohibits homeowners associations from banning improvements that result in energy saving, such as clothes lines, rain barrels, reflective roofing, energy efficient windows and appliances, and solar energy systems.
The legal community is divided over this Act’s applicability to condominium projects in Michigan, as it does not specify that it includes “condominiums” which we think is intentional and therefor it may not apply to Condominiums; however, it clearly applies to Subdivision Associations.
The Act requires such associations to adopt and serve upon the members a written solar energy policy within 1 year (by 3/19/2026). The solar energy policy and the application process for a homeowner to request approval to install an energy saving improvement must strictly conform to the requirements of the Act. Governing documents in violation of this act will need to be amended.