October 2024

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

Homeowner’s Energy Policy Act’s Effect on Condominiums

Energy Policy

By David MacDonald, Warner Norcross + Judd

The Legislature recently adopted the Homeowners’ Energy Policy Act, Act No. 68 of Public Acts of 2024 (the “Act”) . The Act’s purposes are to encourage certain energy-saving improvements and prohibit homeowners associations from restricting such improvements. Under the Act, homeowners’ associations cannot prohibit the installation of an Energy-Saving Improvement or Modification (“Energy-Saving Improvement”) or a Solar Energy System. The Act provides that any provision in a homeowners’ association agreement that prohibits Energy-Saving Improvements or Solar Energy Systems is invalid and unenforceable. An Energy-Saving Improvement is a defined under the Act and includes energy-efficient windows, insulation, energy-efficient appliances, certain heat pumps, solar water heaters, electrical vehicle supply equipment, and even a clothesline. See Section 3(c) of the Act. A Solar Energy System means a complete structure that uses solar energy for generating electricity or heating or cooling materials. See Section 3(j) of the Act.

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The Michigan Bar Journal Committee is exploring the possibility of a new column focusing on significant developments in the law. Articles would be approximately 1,500 words and must discuss a significant change in the law (either statutory, case law, or court rule) occurring within the previous 60 days. This is an opportunity for you to author or co-author such an article. If you have any questions or ideas reach out to: Gerard Mantese: gmantese@manteselaw.

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Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

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We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Jason Long at Jlong@wwrplaw.com for suggested topics and ideas.

The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.