CAI’s Michigan Legislative Action Committee previously reached out to you regarding this troubling bill that was introduced in the Michigan House.  The bill has passed the House and is now likely to be up for a vote in the Senate NEXT WEEK.  The LAC testified in opposition to the bill in both the House and the Senate, but we need your help.

We are writing to you as our state is currently facing a critical issue that could impact the autonomy of our community associations, and your advocacy can make a difference. CAI strongly supports green energy and energy efficiency policies that respect community governance and contractual commitments, seeing these as the most effective ways to implement eco-friendly initiatives. However, we must oppose HB 5028 for severely infringing on the ability of community associations to determine the best policy for its owners and residents. 

As someone who cares about the community association housing model, you'll understand the importance of preserving the democratic rights of community associations. Here are some key concerns the MI LAC has about HB 5028:

1. Retroactive Application: The bill inappropriately compromises the contractual rights of existing associations by eliminating an association’s right to require approval before installation of a rooftop solar panel and depriving associations of their right to self-govern.
2. Incomplete Scope: While focusing on rooftop solar panels, the bill also deprives associations of authority in other areas, such as installation of windows and insulation, without providing a mechanism for associations to maintain their responsibilities in these areas.
3. Lack of Distinction: The bill doesn’t distinguish between community types, treating condominium associations and homeowner associations the same even though maintenance and repair responsibilities will often differ. 
4. Insurance Issues: The bill overlooks insurance concerns, leading to potential conflicts between owner and association obligations, impacting insurance procurement and potentially negating roof warranties.
5. Problematic Solar Energy Policy: The state's involvement through creation of this new policy requirement restricts associations' ability to regulate solar panels and establish appropriate safety standards, potentially undermining building safety.
6. Vague Terminology: The bill's vague terms make it challenging for associations to impose reasonable conditions on solar energy systems without violating the bill.
7. Limited Denial Reasons: The imposes undue limitations on an association’s ability to deny an application for a rooftop solar panel, failing to account for legitimate safety concerns.
8. Community Aesthetics: The bill ignores an association’s legitimate concern in monitoring community aesthetics and undermines the community’s right to self-govern through a democratically elected board of directors.

 

Your voice as an advocate is crucial in addressing this issue. We kindly request that you reach out to your legislator and express your opposition to HB 5028. Your advocacy can help protect our communities' right to choose how they handle energy solutions.

If you have any questions or need more information, please feel free to reach out to CAI Michigan LAC Co-Chairs Todd Skowronski, Esq., at tskowronski@maglawpllc.com, or Matthew Heron, Esq., at mheron@hirzellaw.com.

Thank you for your support and dedication to the industry.

Sincerely,

Todd Skowronski, Esq. and Matthew Heron, Esq.

CO-Chairs, CAI MI LAC