Michigan HOAs must allow solar panels by April 2026 or lose control of the rules

Michigan HOAs face a fast-approaching deadline

Michigan homeowners’ associations are running out of time.

A state law called the Homeowners’ Energy Policy Act, or HEPA, requires every HOA in Michigan to adopt a written solar energy policy by early April 2026.

Gov. Gretchen Whitmer signed the bill in July 2024, and it took effect in April 2025, giving associations one year to comply.

About 1.4 million Michigan residents live in HOA communities, according to the Foundation for Community Association Research.

The law blocks HOAs from banning solar

HEPA makes it illegal for an HOA to ban or block solar panel installations. The law goes beyond solar, too.

It also covers electric vehicle charging stations, rain barrels, reflective roofing, heat pumps, clotheslines, energy-efficient windows, and energy-efficient appliances.

Any existing HOA rule that prohibits solar panels is now invalid under Michigan law. Associations that have not yet updated their governing documents need to act fast.

HOAs can still set some standards

HOAs do not lose all control. They can still set reasonable rules about how solar systems look and how safely they are installed.

But those rules have limits. They cannot cut a system’s estimated yearly energy output by more than 10%, and they cannot add more than $1,000 to installation costs.

HOAs also cannot require homeowners to use a specific product, like solar shingles instead of standard panels, or block panels from any roof face.

How homeowners apply for installation

Homeowners who want to install solar need to submit a written application to their HOA.

That application must include their name, address, contractor contact details, a proposed layout image, and a description of the system. The HOA then has 30 days to approve or deny it.

If the homeowner applies before the HOA has adopted its solar policy, the association gets up to 120 days to respond.

Miss the deadline and lose the power to say no

If an HOA fails to adopt its solar policy by early April 2026, homeowners can move forward with installation without HOA approval.

The association cannot fine or penalize a homeowner who installs solar under those circumstances. The same rule applies if an HOA fails to respond to a homeowner’s application within the required time frame.

Under Michigan law, MCL 559.311 covers both the application process and these self-help rights for homeowners.

Homeowners can take an HOA to court

The law gives homeowners real teeth. A homeowner can file a civil lawsuit against an HOA that breaks any part of HEPA.

Under MCL 559.315, a homeowner who wins that case can recover reasonable attorney fees and court costs from the association. Any part of an HOA’s governing documents that conflicts with the law is automatically void.

That means associations cannot rely on old rules to get around the new requirements.

Condos and co-ops sit in a gray area

HEPA uses the term “homeowners’ association” but never defines it.

Michigan attorneys disagree on whether the law covers condo associations, cooperatives, and summer resort associations.

The state legislature has drawn a distinction between HOAs and condo associations in other laws, which some attorneys say suggests the gap here is intentional.

No lawsuits seeking clarification had been filed as of early 2026.

Some community association attorneys recommend that condos and co-ops adopt a solar policy anyway, based on a legal analysis published by Hirzel Law, PLC, to avoid potential liability.

The bill passed along party lines

State Rep. Ranjeev Puri, a Democrat from Canton Township, sponsored House Bill 5028. It passed along party lines in the Democratic-led legislature.

Supporters said the law lets homeowners make their own energy choices and supports Michigan’s clean energy goals.

The Community Associations Institute opposed the bill, arguing it takes authority away from HOA boards that homeowners elected.

Michigan joins about 29 other states

Michigan is now one of about 29 states with laws that stop HOAs from blocking solar panels. Neighboring states, including Illinois, Indiana, Wisconsin, and Ohio, already had similar rules on the books.

California passed one of the earliest solar rights laws in the country back in 1978. States without these protections still allow HOAs to prohibit solar panels through covenants and deed restrictions.

What Michigan homeowners should do now

Homeowners in HOA communities who want to go solar should start by checking whether their association has already adopted a solar energy policy.

If it has not, a homeowner can still submit a written application and start the clock. If the HOA misses its response deadline, the homeowner can move ahead without approval.

Homeowners who were previously denied solar installation can also resubmit their application for a fresh review under the new law.

The deadline changes the balance of power

HEPA shifts real decision-making power from HOA boards to individual homeowners on energy matters. Homeowners who install solar may lower their energy bills and reduce their dependence on the grid.

HOAs that skip the deadline risk losing any say over how solar systems go up on homes in their community. The clock is running for both sides.

This article was created with AI assistance and human editing.

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