Michigan 2023-2024 Regular Session

Michigan House Bill HB5028

Introduced
9/20/23  
Refer
9/20/23  
Report Pass
10/19/23  
Engrossed
11/1/23  
Refer
11/2/23  
Report Pass
2/21/24  
Refer
2/21/24  
Report Pass
6/18/24  
Enrolled
6/20/24  
Chaptered
7/30/24  

Caption

Housing: other; energy-saving home improvements; invalidate prohibition of by homeowners' association. Creates new act.

Impact

The legislation will significantly alter how state laws interact with HOA regulations related to energy-saving implementations. By making certain provisions in HOA agreements unenforceable, HB5028 provides an avenue for homeowners to pursue legal action if their rights under the bill are violated. This change could enhance energy independence for homeowners and encourage local governments to support renewable energy initiatives without HOA interference. Moreover, the bill emphasizes the importance of energy resiliency in personal financing and maintenance decisions for homeowners.

Summary

House Bill 5028, known as the Homeowners Energy Policy Act, seeks to invalidate certain restrictions imposed by homeowners associations (HOAs) that prevent members from replacing, maintaining, installing, or operating energy-saving improvements and solar energy systems. The bill aims to empower homeowners to adopt more sustainable energy solutions by eliminating hurdles imposed by HOA agreements. If enacted, the bill would require HOAs to adopt a solar energy policy statement within a year of its effective date, ensuring that homeowners have clear guidelines regarding solar installations on their properties.

Sentiment

The overall sentiment surrounding HB5028 appears to be supportive from advocates of renewable energy and homeowner rights. Many view this bill as a crucial step towards promoting sustainable energy practices and enhancing individual freedoms against restrictive HOA policies. However, opponents may raise concerns about how such deregulation might affect the aesthetic and communal aspects of neighborhoods governed by HOAs, highlighting potential conflicts in community standards.

Contention

Notable points of contention arising from the discussions around the bill include concerns about the balance between individual rights and community regulations. Some skeptics argue that while promoting solar installations is beneficial, it could lead to disputes over property aesthetics, safety, and the collective decision-making processes that HOAs are designed to manage. Another contention could arise around the specifics of the new guidelines, particularly regarding the limitations on HOA regulations and clarifications needed for implementation to avoid legal ambiguities.

Companion Bills

No companion bills found.

Previously Filed As

MI SB0558

Housing: other; solar generators; invalidate prohibition of by homeowners' association. Creates new act.

MI HB1196

Homeowners associations and solar power.

MI HB5315

SOLAR ENERGY-VIDEO DOORBELL

MI HB3322

MUNI CD/CTY CD-SOLAR RIGHTS

MI H1203

Homeowners' Associations

MI HB2174

HOMEOWNERS ENERGY-VARIOUS

MI SB1544

HOMEOWNERS ENERGY-VARIOUS

MI HB389

Property; prohibit homeowners' associations from preventing property owners from installing solar energy devices; provisions

MI HB1321

Property; prohibit homeowners' associations from preventing property owners from installing solar energy devices; provisions

MI S2175

To empower residential housing property upgrades, homeowner savings, and a robust workforce

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