Michigan HOA Solar Energy Policy: Required Contents

Quick Answer

The Homeowners' Energy Policy Act (2024 PA 68, MCL 559.301 et seq.) required each homeowners association in Michigan to adopt a written solar energy policy statement within one year after the act's effective date. Michigan law firms put that effective date at April 1, 2025, which puts the deadline at about April 1, 2026; the enrolled act lists the effective date as the 91st day after final adjournment of the 2024 session, so confirm the date with your attorney. If your association has not adopted a policy, it is overdue. And under section 11(3), if an association misses the deadline, an owner may proceed with a solar installation and the association may not fine or otherwise penalize the owner for doing so.

Who Must Adopt a Policy

The act applies to "homeowners' associations" but does not define the term. It is unclear whether it reaches condominium associations, co-ops or summer resort associations. Many condominium boards adopt a compliant policy anyway because the act lets an owner sue for damages and potentially recover attorney fees. See our broader HEPA guide for the energy-saving improvements covered.

What the Policy Must and Must Not Do

Section 9 of PA 68 sets the content. The policy must not conflict with existing local, state or federal law and must include the standards the act establishes:

• No ban on roof-face installation. The policy may not prohibit solar elements on a roof face.
• No required technology. It may not require a specific technology, such as solar shingles instead of traditional panels.
• Cost and production limits. Standards may not reduce the system's estimated annual electrical production by more than 10 percent or increase the member's total installation cost by more than $1,000.
• Required statements. The policy must state that an adjacent owner's approval is not required, and that the association will not inquire into energy usage, impose conditions that impair operation or negatively affect industry-standard warranties, require post-installation reporting, charge an application fee above what it charges for other property-change applications, or bar a resubmission after a denial.
• No identity or financing discrimination. The association will not deny an application because of who owns the system or how the member finances it.
• Permitted grounds for denial or removal. A court has found the installation violates a law, the installed system does not substantially conform to the approved application, or certain roof-mounting limits apply (more than 6 inches above or beyond the roof, not conforming to roof slope with a top edge parallel to the roof line, or frame, brackets or visible wiring not in silver, bronze or black tones). A system in a fenced yard or patio taller than the fence line may also be denied.
• Building codes and applications. Members must comply with building codes and permits and with the written application requirements.
• Maintenance conditions. The policy may impose reasonable conditions on maintenance, repair, replacement or removal of a damaged or inoperable system if they are no more burdensome than for non-solar projects.

Application Process

A member must submit a written application with the member's name, street address, the installer's name and contact information, an image showing the layout, and a description of the system. The association must approve or deny within 30 days after receiving the application, or within 120 days if the application was submitted before the policy was adopted. A member may resubmit an application that was denied before the act took effect, and the association must reevaluate it under the act.

Distribution

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.

Limits and Remedies

• Common areas and shared roofs. The act does not apply to energy-saving improvements or solar systems in a common area or on a shared roof.
• Invalid provisions. A governing-document provision or policy that prohibits or effectively prohibits solar installation is invalid and unenforceable, and any policy provision that conflicts with the act is void.
• Owner lawsuits. A member may sue for damages, and a prevailing member may recover reasonable attorney fees and costs.
• Local government. A local unit of government may not require association approval for covered improvements, and it may still impose its own rules.

Board Action Checklist

• Confirm whether the association has adopted a written solar energy policy, and adopt one now if not.
• Compare the policy line by line to the required statements and limits above.
• Update your architectural application form to collect only the information the act allows.
• Set an internal 30-day review clock and document every decision.
• Distribute the policy to members and post it on the association website.
• Revisit prior denials, which an owner may resubmit.
• Get your attorney's review of the policy and the date question.

How APM Helps

APM can track architectural applications and review clocks, distribute policies, and keep records for the board. See our Michigan resources or contact us.

Source: Enrolled House Bill 5028, Public Act 68 of 2024, approved July 8, 2024 (Michigan Legislature). Effective-date calculations vary by source; this article is general information, not legal advice, and a policy should be reviewed by your association's attorney. Last verified October 24, 2026.