On June 26, 2024, Mark Demorest was interviewed by Channel 7 WXYZ regarding House Bill 5028, a bill impacting homeowners associations and their energy policies across Michigan.
This Bill was recently passed on June 20, 2024. This bill serves to limit the power of homeowner’s association (“HOA’s”) regarding replacement, maintenance, installation, or operation of certain energy-saving measures. Among others, the bill limits the power of the HOE to prevent a homeowner from to installing energy saving improvements or modifications, such as solar panels, rain barrels, reflective roofing, electrical vehicle supply equipment, and even clothes lines
It is not clear whether the new law will apply to condominium associations, or only homeowner’s associations in subdivisions.
The bill requires every HOA in Michigan to adopt a written solar energy policy statement within one year after the effective date of the act, and requires certain standards as outlined in the act. Members who want to install solar energy systems in their home must submit a written application to their HOA with their name, street address, name and contact of the installers, an image that shows the proposed layout of the system, and a description of the system to be installed.
The bill was presented to Governor Whitmer for her review on June 25, 2024. If Governor Whitmer signs the bill, it will become law and will take effect 90 days from the date of signing. If you have questions about this, or other areas of real estate law, an attorney at Demorest Law Firm may be able to assist you.
See the interview at: https://www.yahoo.com/news/hoas-losing-power-under-legislation-095022100.html
View the full text of House Bill 5028 at: https://legislature.mi.gov/documents/2023-2024/billengrossed/House/pdf/2023-HEBS-5028.pdf
