Mich. Comp. Laws § 559.301
Short title.
This act may be cited as the "homeowners' energy policy act".
Michigan Compiled Laws — HOMEOWNERS' ENERGY POLICY ACT (Act 68 of 2024)
Michigan · statute · 68 of 2024, Mich. Comp. Laws · 9 active provisions
Mich. Comp. Laws § 559.303
Definitions.
As used in this act: (a) "Common area" means a portion of a building, land, or amenities owned or managed by the homeowners' association that is generally accessible to all members of the association. Common area includes, but is not limited to, a hallway, a stairway, an elevator, a lobby, a laundry and recreational ro…
Mich. Comp. Laws § 559.305
Homeowners' association agreements; invalid and unenforceable provisions; local unit of government; permissible requirements.
(1) Any of the following in a homeowners' association agreement is invalid and unenforceable as contrary to public policy: (a) A provision that prohibits, or requires the approval of a homeowners' association for, a member to replace, maintain, install, or operate an energy-saving improvement or modification. (b) A pro…
Mich. Comp. Laws § 559.307
Prohibition on the installation of a solar energy system; invalid and unenforceable.
A provision in a homeowners' association agreement or the policy adopted under section 9(1) that prohibits or has the effect of prohibiting the installation of a solar energy system is invalid and unenforceable as contrary to public policy.
Mich. Comp. Laws § 559.309
Adoption of written solar energy policy statement; content requirements and restrictions; homeowners' association duties.
(1) Within 1 year after the effective date of this act, each homeowners' association in this state shall adopt a written solar energy policy statement. A policy adopted under this subsection must not conflict with an existing local, state, or federal law. All of the following apply to a policy adopted in accordance wit…
Mich. Comp. Laws § 559.311
Application for installation of solar energy system; contents; approval; failure to adopt policy or approve application; resubmission.
(1) Beginning on the effective date of this act, a member who wants to install a solar energy system in the member's home or unit shall submit a written application to the homeowners' association. The written application required under this subsection must include all of the following information: (a) The member's name…
Mich. Comp. Laws § 559.313
Applicability of act.
This act does not apply to either of the following in a common area or on a shared roof: (a) The replacement, maintenance, installation, or operation of an energy-saving improvement or modification. (b) The installation of a solar energy system.
Mich. Comp. Laws § 559.315
Violation of act; civil action.
If a homeowners' association violates this act, a member may bring a civil action against the homeowners' association for damages. If the member prevails in an action brought under this act, the court may award reasonable attorney fees and the costs incurred in bringing the action.
Mich. Comp. Laws § 559.317
Severability.
If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and, to this end, the provisions of this act are severable.