(Source: MIRS.news, Published 06/20/2024) Homeowners Associations (HOAs) would be prohibited from banning certain energy modifications or solar energy systems among their community's property owners under legislation approved by Senate Democrats Thursday.  

HB 5028 is now on its way to the Governor's desk, after passing in the Senate along party lines, 20-18. The legislation invalidates HOA bans or approval requirements for various "clean energy" projects, like the installation of reflective roofing, solar water heaters, electric vehicle supply equipment, rain barrels for water bill savings or "energy-efficient windows." 

However, the legislation does permit HOAs to deny solar energy system applications under certain circumstances, like if the solar energy system would be taller than the fence line and installed in a yard or patio area, instead of on the roof. Also, an HOA could reject a system application if it extends above or beyond the home's roof by more than six inches, does not conform with the roof's slope or has wiring that is not silver, bronze or black-toned.  

According to reports relayed by the RubyHome real estate business, 14.1 percent of Michigan's population lived in an HOA, and in the Metro Detroit area, the mean monthly HOA fee was $114.  

While explaining his opposition to HB 5028 , Sen. Jim Runestad (R-White Lake) said at one point of his life, he rented a home in a HOA, and after seeing the "all kinds of requirements" that an association could make, "I would never want to be in that kind of situation again."  

"But the people who are in that situation sign these documents and want to be in that association. They like that system," Runestad said, describing the legislation as the state broadly imposing its desires on HOAs, creating a system where someone could put 18 rain barrels up in their yard with no authority for the HOA to regulate.  

He said the broadly written language could diminish property values, and could create havoc for the associations.  

"I will not support the state once again coming in and overriding the zoning and the requirements of the people who live in that area," Runestad said.  

Meanwhile, for Sen. Jeff IRWIN (D-Ann Arbor) – chair of the Senate Housing and Human Services Committee that voted out HB 5028 – his statement of support concluded with him waving a tiny American flag from his desk.  

Irwin said it gave him great joy to stand up and say "we need to stand up for the freedom of our residents to invest in clean energy."  

"Right now, we've got rays from the sun that are dropping energy all over our state, and we need to make it possible for people to invest in ways that allow them to collect the value of that sun, to meet our clean energy goals, to make our state more energy more independent…but also, because we believe in the fundamental freedoms of people to use their property as they see fit," Irwin said.