MCL - Section 559.305.new
Act 68 of 2024
***** 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 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)