***** 559.305.new THIS NEW SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2024 REGULAR SESSION SINE DIE ***** 559.305.new Homeowners' association agreements; invalid and unenforceable provisions; local unit of government; permissible requirements.Sec. 5. (1) Any of the following in a homeowners' association agreement is invalid and unenforceable as contrary to public policy: (a) A provision that prohibits, or requires the approval of a homeowners' association for, a member to replace, maintain, install, or operate an energy-saving improvement or modification. (b) A provision that compels, or requires association approval for, a member to make auxiliary changes needed for the installation of an energy-saving improvement or modification. (2) A local unit of government shall not require a member to obtain the approval of a homeowners' association to do any of the following: (a) Replace, maintain, install, or operate an energy-saving improvement or modification. (b) Make auxiliary changes needed for the installation of an energy-saving improvement or modification. (3) Subject to subsection (2), this act does not prohibit a local unit of government from imposing requirements ry changes needed for the installation of an energy-saving improvement or modification. (3) Subject to subsection (2), this act does not prohibit a local unit of government from imposing requirements that may prohibit or limit the replacement, maintenance, installation, or operation of an energy-saving improvement or modification or making of auxiliary changes needed for the installation of an energy-saving improvement or modification by a member. History: 2024, Act 68, Eff. (sine die)
Michigan Legal Code