The Homeowners Energy Policy Act Shifts Power in Favor of Residential Solar
Starting in 2025, Michigan homeowners living under homeowner associations (HOAs) finally have legal backup to install rooftop solar, and HOAs will have to play by new rules. The newly enacted Homeowners Energy Policy Act (Public Act 68 of 2023) gives property owners the right to install solar energy systems, with limited conditions for denial.
This legislation marks a major win for clean energy advocates and a turning point in Michigan’s residential solar adoption. Thousands of households previously blocked by HOA restrictions may now have a clear path to solar access if boards comply and homeowners push back smartly.
Why HOAs Have Blocked Solar Until Now
Across Michigan, homeowners in subdivisions, gated communities, and condominium associations have long struggled with HOA rules that ban or severely restrict solar panels. Boards often cited aesthetics, roofline uniformity, or architectural standards. In many cases, even solar-ready homes were forced to abandon installation plans because of the threat of fines or legal disputes.
With Public Act 68, those restrictions now have clear legal limits. The law requires HOAs to adopt written energy policies that permit reasonable solar installations by April 2026. Associations can still regulate placement or visibility for aesthetic reasons, but they cannot impose blanket bans or unnecessary hurdles.
What the Law Allows and What It Doesn’t
Under the new law, HOAs may still enforce certain design or placement rules. Panels may need to be installed flush with the roof surface or away from street-facing sides of homes, as long as those requirements do not significantly reduce energy output or make installation impractical.
Boards must review homeowner solar applications within 90 days. Failing to respond within that time frame is considered automatic approval. This clause prevents boards from delaying or ignoring solar requests indefinitely, a tactic that was common in the past.
Homeowners still need to comply with local building codes and electrical safety standards, but HOA-level interference is now limited to minor design or placement input rather than outright rejection.
How Homeowners Can Take Advantage of the New Law
Homeowners who live under HOA authority should first check whether their board has already drafted a solar energy policy. If not, the law allows residents to formally request one. Written policies must be consistent with Public Act 68 and cannot contradict the homeowner’s statutory right to install solar.
Experts suggest keeping detailed documentation of all HOA correspondence. If an HOA refuses or delays approval, homeowners can file complaints through Michigan’s Department of Licensing and Regulatory Affairs (LARA) or pursue civil remedies. Legal experts expect several test cases in 2025 that will help clarify the limits of HOA control.
Why This Matters for Michigan’s Energy Future
Michigan has set ambitious renewable energy goals, including reaching 60 percent clean electricity by 2035. Residential solar adoption is a key part of that plan. According to the Solar Energy Industries Association (SEIA), over 40 percent of Michigan’s single-family homes are governed by HOAs, meaning this law could open solar access to tens of thousands of new households.
By removing long-standing barriers, Public Act 68 could also boost local installer demand, expand job opportunities, and make solar power more visible in suburban communities where uptake has lagged behind.
The Debate: Property Rights or Community Rules
Supporters of the law say it restores basic property rights and supports Michigan’s clean energy transition. They argue that homeowners should be free to lower their electric bills and contribute to sustainability without facing arbitrary HOA resistance.
Opponents, often HOA boards and developers, claim the law limits community self-governance and may lead to disputes over uniformity or property values. Some fear that rooftop installations could create tension between solar owners and non-solar neighbors, especially in tightly regulated neighborhoods.
A Balanced Shift of Power
Despite some pushback, most experts agree that Michigan’s HOA solar law is a practical balance between community standards and renewable energy rights. It does not eliminate HOA authority entirely but ensures that aesthetic preferences do not override energy freedom.
For homeowners ready to invest in solar, 2025 will be the first full year to take advantage of this new protection. The key will be persistence, documentation, and understanding the rights granted under the Homeowners Energy Policy Act.
Frequently Asked Questions
Can my HOA still deny my solar installation in Michigan?
Only if the denial is based on reasonable design standards that do not significantly reduce performance. Blanket bans are no longer allowed under the new law.
When does the Homeowners Energy Policy Act take effect?
The law takes effect in 2025, and all HOAs must adopt compliant energy policies by April 2026.
Who enforces the HOA solar law in Michigan?
Homeowners can report violations to Michigan’s Department of Licensing and Regulatory Affairs (LARA) or seek legal remedies in civil court.
Internal Links:
https://michigansolarpartners.com/the-solar-tax-clock-is-ticking-what-michigan-homeowners-need-to-know-before-2026
https://michigansolarpartners.com/michigan-solar-incentives-after-the-156m-cuts-what-households-and-farmers-need-to-know-now
https://michigansolarpartners.com/michigan-solar-showdown-state-vs-local-control-in-first-test-of-new-law
Sources:
https://micondolaw.com/2025/02/13/michigan-homeowners-energy-policy-act-takes-effect-april-1-2025-does-your-hoa-have-a-solar-energy-policy
https://www.michigan.gov/egle/about/organization/climate-and-energy/mi-healthy-climate-challenge
https://www.seia.org/state-solar-policy/michigan-solar
https://www.energy.gov/eere/solar/solar-energy-industries-and-workforce
