MICHIGAN CAI LEGISLATIVE ACTION COMMITTEE UPDATE - Homeowners’ Energy Policy Act (HB 5028)

CAI and community associations support the need for environmental and energy efficiency infrastructure throughout Michigan communities, and these needs need to recognize, respect, and balance the governance and contractual obligations of community associations to ensure the best mechanisms to enact sustainable environmental policies for each individual community.

While HB 5028 attempts to serve the laudable goal of encouraging the use of energy efficient improvements, CAI Michigan strongly opposes HB 5028.  First, HB 5028 undermines the principles of self-governance and freedom of contract central to Michigan’s community association model. HB 5028 would remove the contractual right of a community’s democratically elected board of directors to make decisions and replaces that decision-making with that of the Michigan legislature.  Second, by mandating the adoption of a solar-panel policy within one (1) year HB 5028, imposes an extreme burden on all Michigan associations, thereby imposing arbitrary review standards based solely on cost.  HB 5028 makes it nearly impossible for associations to adequately address safety or maintenance issues in solar panel installations.  HB 5028 says nothing about insurance implications or the voiding of roof warranties.  Third, HB 5028 does not distinguish between single family homes and condominiums.  HB 5028 gives individual owners in attached condominiums the right to make unilateral decisions without regard to the expense to the association or other co-owners or the statutory rights and obligations of an Association described in Michigan’s Condominium Act.  HB 5028 appears to have been pushed forward without regard to its negative impact on associations.

Community associations represent the interests of an ever-increasing membership in the State of Michigan and throughout the U.S.  The CAI LAC is continually looking for ways to make our voices heard in the legislature and is committed to educating legislators about the needs of our communities. 

But we can’t do it without your help. 

The CAI LAC greatly needs your support to make our state’s laws better for all of our Michigan community associations, their members and families.  Contributing to the CAI LAC with a monetary donation is one way that you can directly support these efforts to help make our laws better. 

If you are interested in supporting legislative change for community associations, please consider making a financial contribution to the LAC at www.cai-michigan.org/advocacy.html.  Contributions from both individuals and community associations are welcome.

Matthew Heron and Todd Skowronski

Co-Chairs of the Michigan CAI LAC