Unenforceable HOA Rules in Michigan: What Your HOA Cannot Do

Most articles about HOA rights read the same in every state, which is a problem, because HOA law is not the same in every state. Michigan is a good example. Some rules your HOA may still have on the books became unenforceable in 2024. Others that homeowners assume are illegal are, in Michigan, perfectly valid. This page separates the two, with the actual statutes.

The one Michigan law that matters most

In 2024, Michigan passed the Homeowners' Energy Policy Act (2024 PA 68 (opens in new tab), signed July 8, 2024, now in effect). It is the most significant limit on Michigan HOA authority in years, and many boards still have not updated their rules to match it.

For gardeners, the rain barrel line is the one to notice. If your HOA's rules ban rain barrels, that ban is void under state law. A rain barrel on a downspout is one of the cheapest ways to water a native bed through a dry August, and in Michigan your HOA cannot prohibit it.

Solar panels get their own regime

Solar is handled with more detail. Under Section 7 of 2024 PA 68, an HOA provision that prohibits solar installation is invalid and unenforceable. Under Section 9, every Michigan HOA must adopt a written solar energy policy statement within one year of the act taking effect, and the act limits the grounds on which an application can be denied to a short list of specific conditions, such as a panel protruding more than six inches from the roofline. A board cannot simply say no anymore.

The act also has teeth. Under Section 15, a member can bring a civil action against an association that violates it, and a prevailing member can be awarded damages plus reasonable attorney fees and costs.

What Michigan law does not protect: native landscaping itself

Here is the honest part, and it matters if you found this page while planning a native yard. At least nine states have passed laws that stop HOAs from banning native, drought-tolerant, or low-impact landscaping. Texas Property Code §202.007 protects water-conserving landscaping. Maryland Real Property §2-119 protects low-impact landscaping including pollinator gardens. Colorado, Florida, Illinois, Nevada, and others have their own versions. Our state-by-state guide to native plant garden laws tracks all of them.

Michigan is not on that list. There is no Michigan statute that overrides an HOA turf requirement or a rule against replacing lawn with a planted bed. If your recorded deed restrictions require a maintained lawn and the rule was properly adopted, it is generally enforceable in Michigan.

That does not mean a native yard is out of reach. It means the path runs through your HOA's approval process instead of around it, and in practice that process works far more often than homeowners expect. More on that below.

Rules that are unenforceable in every state

Two federal protections apply in Michigan the same as everywhere else:

• The United States flag. The Freedom to Display the American Flag Act of 2005 bars HOAs from prohibiting display of the US flag. Associations can still set reasonable rules about flagpole size and placement, but a flat ban is unenforceable.
• Small satellite dishes and antennas. The FCC's Over-the-Air Reception Devices rule (47 CFR 1.4000) prevents HOAs from banning satellite dishes under one meter and standard TV antennas in areas you own or exclusively use.

Rules that fail on authority, not on a statute

Michigan has no single HOA act. Most Michigan subdivisions are governed by recorded deed restrictions enforced by a nonprofit corporation organized under the Michigan Nonprofit Corporation Act (Act 162 of 1982), and condominiums fall under the Michigan Condominium Act (Act 59 of 1978). Because the state framework is thin, the governing documents carry the weight, and that cuts both ways. A rule can be unenforceable in Michigan simply because the association never had the authority to make it:

• A "rule" that appears only in a newsletter or board policy but has no basis in the recorded deed restrictions or bylaws
• An amendment that was not adopted by the vote the documents themselves require
• Fines issued without whatever notice or hearing process the governing documents specify
• A restriction the association enforces against one homeowner while ignoring identical situations next door, which can undercut enforcement over time

If you get a violation letter, the first question in Michigan is not "is there a state law against this rule" but "where exactly is this rule written, and was it adopted correctly." Ask for the specific recorded provision. Boards that cannot point to one tend to drop the issue.

What your HOA can still require

Even with 2024 PA 68 in force, Michigan associations keep broad authority over how yards look:

• General maintenance standards (no dead material, no unmanaged overgrowth)
• Pre-approval for landscaping changes through an architectural review process
• Edging, borders, and clean separation between beds and lawn
• Plant height limits near sidewalks, driveways, and sight lines
• Rules about structures such as raised beds, trellises, and fences
• Reasonable placement and screening conditions on the energy improvements the act protects, within the limits the act sets

Separate from the HOA entirely, many Michigan cities and townships have their own tall-grass and weed ordinances that apply to every property. A wild, unedged yard can draw a municipal notice even where the HOA has no case. Keeping a native bed clearly intentional, with edges, mulch, and a mowed border, addresses both at once.

How to get a native yard approved in Michigan

Since there is no statute to cite, the approval package does the work. Four steps:

1. 1Read the actual documents first.Pull the recorded deed restrictions and any published design guidelines. Note what is genuinely required (percent of lawn, approved plant lists, review process) versus what is habit. Many Michigan documents require "landscaping maintained in good condition" and nothing more specific, which leaves real room for a planted front bed.
2. 2Submit a plan before planting.A one-page layout, a plant list with mature heights, and a maintenance schedule turns a vague worry into something a review committee can approve. Our HOA landscape plan template is built for exactly this, and the full walkthrough is in how to get your HOA to approve native landscaping.
3. 3Design for the neighbors, not just the pollinators.Keep beds edged, heights stepped down toward the sidewalk, and a strip of mowed lawn as a frame. In southeast Michigan, the Oakland County native plant guide covers species that stay tidy in a front-yard setting.
4. 4Add the protected pieces while you are at it.A rain barrel to water the new bed is protected by 2024 PA 68 regardless of what your HOA's old rules say. And check Michigan rebate programs before you buy anything; some utilities and stormwater programs help pay for exactly this kind of conversion.

When to involve a lawyer

Most Michigan HOA disagreements end at a well-documented letter. Consider a consultation with a real estate attorney if:

• Your HOA is enforcing a ban on a solar panel, rain barrel, or other improvement 2024 PA 68 protects (the act lets a prevailing member recover damages and attorney fees)
• You are being fined under a rule the board cannot locate in the recorded documents
• A lien or legal action has been threatened

People also ask

Can a Michigan HOA ban native landscaping?

Michigan has no state law that protects native landscaping from HOA rules, so an association with a properly adopted turf or landscaping requirement in its recorded documents can generally enforce it. The practical route is the approval process: a clear plan with edging, height steps, and a maintenance schedule gets approved far more often than homeowners expect.

Can a Michigan HOA ban rain barrels?

No. Rain barrels are on the list of energy-saving improvements protected by the Homeowners' Energy Policy Act (2024 PA 68). A provision that prohibits them, or requires HOA approval to install one, is invalid and unenforceable under Section 5 of the act.

Can a Michigan HOA ban solar panels?

Not anymore. Under 2024 PA 68, provisions prohibiting solar installation are invalid, every Michigan HOA must adopt a written solar energy policy, and applications can only be denied on the narrow grounds the act lists, such as a panel protruding more than six inches from the roof. A member can sue for damages and attorney fees if the association violates the act.

Does Michigan have a law like Texas Property Code 202.007?

No. Texas Property Code §202.007 stops HOAs from banning water-conserving and native landscaping, and at least nine states have similar protections. Michigan does not. The closest Michigan law is the Homeowners' Energy Policy Act (2024 PA 68), which protects energy-saving improvements like rain barrels and solar panels but says nothing about plants.

Can a Michigan HOA fine me for a natural lawn?

If the recorded documents require a maintained lawn and the rule was properly adopted, likely yes. Michigan municipalities also enforce their own tall-grass and weed ordinances independent of any HOA. A converted yard that reads as intentional, with clean edges and a mowed border, is the strongest position on both fronts.

What can I do if my HOA violates the Homeowners' Energy Policy Act?

Section 15 of 2024 PA 68 gives members a direct remedy: a civil action against the association for damages, and a court may award reasonable attorney fees and costs to a member who prevails. In practice, a written letter citing the act resolves most cases before anyone files anything.