Michigan PA 68 of 2024: HOA Solar Policy Checklist

Quick Answer

Michigan's Homeowners' Energy Policy Act (2024 PA 68, MCL 559.301 et seq.) took effect April 2, 2025. It voids association rules that ban or require approval for energy-saving improvements, bars bans on solar energy systems, and told each homeowners' association to adopt a written solar energy policy within 1 year of the effective date.

By our reading that policy deadline was April 2, 2026, and it has passed. An association that has not adopted a compliant policy risks losing the ability to hold up applications: a member may proceed with installation, and the association may not fine the member for doing so.

At a Glance

What the Law Says

Energy-saving improvements

Section 559.305(1) makes two kinds of provisions "invalid and unenforceable as contrary to public policy": one that prohibits, or requires association approval for, replacing, maintaining, installing or operating an energy-saving improvement, and one that compels or requires approval for auxiliary changes needed for the installation. Section 559.303(c) lists examples, including clotheslines, air and ground source heat pumps, insulation, rain barrels, reflective roofing, energy efficient appliances, solar water heaters, electric vehicle supply equipment, and energy-efficient windows. The list uses "includes, but is not limited to."

Local governments may not require association approval either, but the Act does not stop a township, city, county or village from imposing its own limits (559.305(2) and (3)).

Solar energy systems

Section 559.307: a provision in an association agreement or in the required policy "that prohibits or has the effect of prohibiting the installation of a solar energy system is invalid and unenforceable as contrary to public policy."

The written solar energy policy (559.309)

"Within 1 year after the effective date of this act, each homeowners' association in this state shall adopt a written solar energy policy statement." The policy must not conflict with existing law and must:

• include the standards established under the Act that the association will enforce;
• not prohibit solar elements on a roof face, and not require a specific technology (for example solar shingles instead of traditional panels);
• apply no standard that reduces estimated annual electrical production by more than 10% or raises the member's total installation cost by more than $1,000.00;
• state that approval of an adjacent owner is not required;
• state that the association will not inquire into energy usage, impose conditions that impair operation or hurt industry standard warranties, require post-installation reporting, charge an application fee above that for other change applications, or bar resubmission after a denial;
• state that the association will not deny an application because of who owns the system or how it is financed;
• state that members must comply with building codes and permits.

The policy must say the association may deny an application or require removal only if one of these applies: a court found the installation violates a law; the installed system does not substantially conform to the approved application; for a roof installation, it extends more than 6 inches above or beyond the roof, does not conform to the roof slope with a top edge parallel to the roofline, or has a frame, bracket, conduit or wiring not in a silver, bronze or black tone commonly available; or, for a fenced yard or patio installation, the system is taller than the fence line.

The association must make the policy available to a member within 30 days after adoption or on request, and post it on its website if it has one (559.309(2)). Any conflicting provision "is void and unenforceable" (559.309(3)).

Applications and deadlines (559.311)

• A member submits a written application with name, street address, installer name and contact information, an image of the layout, and a description of the system.
• The association must approve or deny within 30 days of receipt. If the application arrived before the association adopted its policy, the period is 120 days.
• If the association fails to adopt the policy on time or misses the decision deadline, "a member may proceed with the installation" and the association "shall not impose fines or otherwise penalize the member."
• A member may resubmit an application denied before the effective date, and the association must reevaluate it under the Act.

Where the Act does not apply (559.313)

The Act does not apply to energy-saving improvements or solar installation "in a common area or on a shared roof." Section 559.303 defines common area (including hallways, lobbies, garages and fitness rooms) and shared roof (a roof serving more than one home or unit).

What This Means in Practice

Boards

The policy deadline was a hard date in the statute, and our reading is April 2, 2026. If your board has not adopted a policy, do so with counsel now. The statute does not say a late policy cures earlier missed deadlines, so treat any application pending or denied in the gap carefully.

Compare the policy against the checklist above. The two numeric limits (10% production, $1,000 cost) and the 6-inch roof limit are in the statute text, so a policy that is stricter on those points conflicts with the Act and is void to that extent under 559.309(3).

Owners

Submit the five application items in writing and keep proof of the date. Our reading: the 30 or 120 day clock starts on the association's receipt of a complete written application. The statute lists what the application "must include" but does not say what happens if an item is missing.

Open questions (our reading)

• Condominium coverage: the Act uses "homeowners' association" without defining it, and defines "member" as an owner of a home or unit. Many condominium owners are in associations that may or may not be treated as covered. Confirm with counsel.
• Roof ownership: in many condominiums the roof is a common element, which may fall under the 559.313 exception.
• Whether the deadline was met by adopting a policy a few days late is not addressed in the text.

Timeline

Related Michigan Law

• Michigan's Energy Policy Act: what HOA boards must do
• Michigan HOA solar energy policy: required contents
• Michigan HOA laws 2025-2026: what changed
• Disability modifications (MCL 559.147a)

Board Checklist

• Confirm with counsel whether the Act covers your association.
• Adopt a written solar energy policy and date it.
• Check each required statement and numeric limit against the statute text.
• Make the policy available to members and post it on your website if you have one.
• Set an intake process that logs receipt dates and tracks the 30 and 120 day clocks.
• Review rules that require approval for heat pumps, clotheslines, rain barrels or EV equipment.
• Exclude common areas and shared roofs from the policy only as 559.313 allows.
• Do not impose application fees above those for other change requests.

Frequently Asked Questions

When did Michigan's Homeowners' Energy Policy Act take effect?

April 2, 2025, according to the history line of each section on the Michigan Legislature site.

Was there a deadline to adopt a solar policy?

Yes. Section 559.309(1) says within 1 year after the effective date. Our reading is April 2, 2026.

Can an association charge a fee for a solar application?

Only a fee that does not exceed what it charges for other applications related to a change to the property (559.309(1)(f)(ii)(E)).

What if the association misses the 30 day decision deadline?

The member may proceed with installation, and the association may not fine or penalize the member (559.311(3)).

Can an association limit how high panels sit on a roof?

The policy may say an application can be denied if the system extends more than 6 inches above or beyond the roof (559.309(1)(f)(iv)(C)).

Does the Act apply to common-area roofs?

No. Section 559.313 excludes common areas and shared roofs.

Can a member sue?

Yes. A member may bring a civil action for damages and the court may award reasonable attorney fees and costs (559.315).

Where This Comes From

We read MCL 559.303, 559.305, 559.307, 559.309, 559.311, 559.313, 559.315 and 559.317 on the Michigan Legislature website, current through PA 114 of 2026. Official site: MCL 559.309. We did not read the bill analysis or legislative history.

<h2>Where We Stand</h2><p><strong>Our position: we support this law.</strong> A clear duty to adopt a written solar and energy policy removes guesswork for boards and owners. We recommend every board adopt and distribute the policy and keep it with the governing documents. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.</p>

How APM Helps

Association Property Managers manages condominium and HOA communities across Michigan from our East Lansing office, with flat, published pricing. See our Michigan service area, browse every Michigan state-law guide, or request a free proposal. Laws and documents differ by community, and we review your master deed and bylaws when we build your proposal.

Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Michigan attorney before acting.