HOA and Deed Restriction Rules for Roof Repairs in Michigan

"HOA" gets used loosely in Michigan for three different legal arrangements. The one you live under decides where your rules are written, who enforces them and how. Your closing documents usually say which you have: a condominium unit is conveyed by reference to a recorded master deed, while a subdivision lot is conveyed by plat lot number and often subject to a recorded declaration or restrictions.

Outside condominiums, the rules come from recorded restrictions, and Michigan treats them as contracts. In Bloomfield Estates Improvement Association v City of Birmingham (2007), the Michigan Supreme Court said a deed restriction "represents a contract between the buyer and the seller of property" and applied the rule that unambiguous contracts "must be enforced as written" unless a provision would violate law or public policy. The court described such restrictions as a way to preserve aesthetic and other characteristics that owners consider valuable.

The same decision answered an argument that comes up whenever someone wants a different roof: "other people already did it." The court held that an owner who did not challenge earlier, minor violations had not waived the right to challenge a more serious one, noting that owners should not be pushed into "overzealous covenant enforcement" out of fear of losing their rights. The court also said the old rule of reading restrictions in favor of free use of property applies only as a last resort, when ordinary interpretation can't settle the meaning.

For a roof, that means the exact words in your declaration matter more than what the neighbors have on their houses. If the restrictions say exterior materials and colors need written approval from a committee, a new color without approval is a violation, even if a few houses on the street already slipped through.

The Homeowners' Energy Policy Act, 2024 PA 68, took effect on 2 April 2025 and is codified at MCL 559.301 to 559.317. It lists "reflective roofing" among the energy-saving improvements it protects, along with insulation, solar water heaters and others. Under MCL 559.305, a homeowners' association agreement provision that prohibits, or requires association approval for, a member to replace, maintain, install or operate an energy-saving improvement is "invalid and unenforceable as contrary to public policy." The same goes for provisions requiring approval of auxiliary changes needed to install one. A city, township, village or county also cannot require a member to get HOA approval for that work, although it can still apply its own requirements.

Solar gets its own rules. MCL 559.307 voids any provision that prohibits or has the effect of prohibiting a solar energy system. Each association had to adopt a written solar energy policy within one year of the effective date. Under MCL 559.309, that policy may not ban panels on a roof face, may not dictate a technology such as solar shingles, and may not impose standards that cut estimated annual production by more than 10 percent or add more than $1,000 to the installation cost. An association may deny or require removal of a roof system that extends more than 6 inches above the roof, does not follow the roof slope with a top edge parallel to the roof line, or has frames, brackets or visible conduit that are not silver, bronze or black tone.

Under MCL 559.311, an owner submits a written application with the installer's contact information, a layout image and a description, and the association must approve or deny it within 30 days. If it misses that deadline, the owner may proceed. MCL 559.315 lets an owner sue an association that violates the Act, with possible attorney fees. Two limits matter for roofs: under MCL 559.313 the Act does not apply on a shared roof (one that serves more than one home or unit, such as a contiguous roof over attached units) or in common areas, and the Act does not define "homeowners' association," so whether it reaches a particular condominium association is a question for an attorney. Members must still follow building codes and permit requirements.

If the board's answer depends on rules you have never seen, Michigan law gives members a way to look. For condominiums, MCL 559.157 says the books, records, contracts and financial statements concerning the administration of the project "shall be available for examination by any of the co-owners and their mortgagees at convenient times."

Many subdivision associations are organized under Michigan's Nonprofit Corporation Act. For a membership corporation, MCL 450.2487 lets a member inspect its books and records during regular business hours for a proper purpose, after giving a written demand that describes the purpose and the records with reasonable particularity. If the corporation does not permit the inspection within 5 business days, the member may ask the circuit court to order it. LARA's Corporations Division has a free Business Entity Search that shows whether an association is incorporated, whether it is active, and its registered office, which is where that demand goes.