House Bill 5028 would invalidate any provisions in homeowners’ association agreements that prohibit a laundry list of energy efficiency improvements to single-family homes. Lead bill sponsor Rep. Ranjeev Puri, D-Canton, said this issue comes up at each of his coffee hours with constituents in his district.
Puri told the House natural resources committee that Indiana was the last neighbor state to adopt this type of energy independence legislation last year.
“We’ve leaned heavily into what’s already being done in our neighboring states when creating this bill. Currently, a homeowner’s association can prohibit a homeowner from installing energy improvement equipment, such as solar panels and EV chargers, even if the local government allows for them,” Puri said during committee testimony on Oct. 5.
Energy-saving improvements specifically outlined in the proposed bill as protected against HOA bans include clotheslines, air source heat pumps, ground source heat pumps, insulation, reflective roofing, energy-efficient appliances, rain barrels, solar water heaters, electric vehicle supply equipment, energy efficient windows, energy efficient insulation materials, and solar energy panels and related gear.
Puri said each of these upgrades has been prevented by an HOA within Michigan – often in his district – and his constituents aren’t happy about it.
“Homeowners association bylaws just haven’t been updated or for whatever reason, the homeowner’s association has not allowed them to do it, even though local ordinance does allow for them to do that. And so, they’ve been unable to make these decisions about their own home and these energy independent solutions because of these bylaws and so that’s what this is meant to address,” Puri said.
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One committee member took exception to the notion of stripping controls away from HOAs.
State Rep. Josh Schriver, R-Oxford, said he is the president of his neighborhood’s HOA and questioned why homeowners who wanted to make these energy efficiency changes didn’t lobby their own HOA presidents or even “overthrow” them to get what they wanted.
“My point is that it would be a more effective solution to go about this in a way where local residents are taking a bottom-up approach, engaging in their HOA boards. And if these issues are pervasive enough where they have risen up to a state level position like this, then surely, they would have enough momentum to be able to be passed in all of these HOA boards as they see fit,” Schriver argued.
Puri said his constituents wanted to find a resolution to their problem, not organize neighborhood leadership coups.
“I’ve heard from constituents who have tried talking to their HOA presidents about their concerns, and they fell on what they’ve claimed to be deaf ears,” Puri said.
Rep Jenn Hill, D-Marquette, questioned whether there are any HOAs in Michigan known to completely ban rooftop solar panels and Puri confirmed that is accurate, primarily for aesthetic reasons.
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A representative from the Michigan Energy Innovation Business Council trade organization also testified Oct. 5 in support of the proposed legislation.
Grace Michienzi, the council’s senior policy director, spoke to the importance of energy efficiency within the power sector and said the proposed legislation would ensure Michiganders are able to take advantage of improved technologies as the energy transition continues.
“These provisions are critical for homeowners. Over 1.4 million Michiganders live in a community association which should never prevent a homeowner from being able to make improvements to their home to lower their household costs,” Michienzi argued.
Puri introduced the proposed bill in the Michigan House on Sept. 20. If eventually passed and signed by the goveror, the legislation would create a new act called the Homeowners’ Energy Policy Act.
Meanwhile, state lawmakers are considering legislation that would codify the state’s climate plan and set a required 60% renewable and 100% clean-energy standard for Michigan.
The proposed legislation in both the House and Senate are designed to reduce greenhouse gas emissions and lower energy costs for Michigan residents. The bills would force utilities off fossil fuels faster than planned and require heavy investment in energy efficiencies and reduced costs for lower-income households.
Renewable energy generation does not result in carbon emissions, which drive the greenhouse effect and cause global warming and the accelerating climate crisis.
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