Missouri Supreme Court rules homeowners associations cannot block solar panels

The Missouri Supreme Court has issued a unanimous ruling affirming that homeowners associations (HOAs) cannot enforce restrictions that prohibit or limit the installation of rooftop solar panels, even if those restrictions were established before state law took effect. The decision strengthens homeowner rights to adopt solar energy and underscores Missouri’s public policy in favor of renewable energy adoption.

In a case brought by Springfield homeowners Colleen Eikmeier and William Love, the state’s highest court reversed a lower court decision that had upheld a homeowners association’s covenant banning solar panels on certain rooflines. The association, Granite Springs Homeowners Association, Inc., had argued that the relevant state law did not apply to covenants created before its effective date and that its restrictions should stand.

Statutory backdrop: Solar rights law

In June 2022, Missouri enacted Senate Bill 820, which amended state property law to prohibit covenants or deed restrictions that “limit or prohibit” the installation of solar panels or collectors on rooftops. The law, codified at section 442.404.3 of the Missouri Revised Statutes, allows HOAs to adopt reasonable rules governing placement, but only so long as such rules do not “prevent the installation of the device, impair the functioning of the device, restrict the use of the device, or adversely affect the cost or efficiency of the device.”

This legislation, effective January 1, 2023, was intended to protect solar rights for homeowners statewide, but lower courts initially interpreted its scope narrowly. In the Granite Springs case, a Greene County Circuit Court ruled that the law applied only to covenants created after the statute’s effective date, allowing the HOA’s existing solar prohibition to stand.

Case details: Granite springs dispute

The dispute began after Eikmeier and Love purchased a lot in the Granite Springs subdivision, where a 2003 covenant barred the installation of solar panels and similar exterior equipment. After learning about the 2023 state statute, the couple sought to install solar panels on their home, submitting a proposal to the HOA. The association responded that solar panels could only be installed on parts of the roof not visible from the street.

Homeowners testified that complying with the HOA’s restriction would significantly increase costs and reduce system performance. Evidence presented to the court showed that placing panels on non-street-facing roof areas would reduce annual energy production by about 24% and require a system nearly 32% larger, adding nearly $17,000 in extra costs, to achieve similar output. The HOA did not offer evidence to refute these claims.

Supreme court ruling

In its January 23 ruling, the Missouri Supreme Court held that the lower court erred in its interpretation of the solar rights statute. Justice Robin Ransom, writing for the court, clarified that section 442.404.3 applies to all covenants, regardless of when they were created. The court reasoned that the language of the statute broadly prohibits any deed restrictions that limit or prohibit solar panel installations and that interpreting the law to exclude pre-existing covenants would undermine the legislature’s intent and public policy.

The court also reaffirmed that while HOAs may adopt reasonable placement rules, the HOA’s restriction at Granite Springs unlawfully affected the cost and efficiency of the solar system, precisely the outcome the statute forbids. Because the HOA offered no evidence to rebut the homeowners’ cost and efficiency claims, that restriction was deemed unenforceable.

Implications

The ruling is a significant legal win for solar rights advocates and homeowners in Missouri, ensuring that existing HOA covenants cannot be used to block rooftop solar access. Renew Missouri, a statewide clean energy nonprofit that represented the homeowners, celebrated the decision, saying it affirms both legislative intent and property owner rights.

Legal experts say the ruling could have broader implications for similar cases in other states with solar access laws, particularly where property covenants conflict with statutory solar protections. As states continue to legislate solar access rights, this decision highlights the judiciary’s role in upholding renewable energy policies and balancing homeowner autonomy with community governance.

Sources:

• Missouri Supreme Court rules against HOA on solar panel law (USA TODAY Network via Reuters Connect) (Missouri Lawyers Media)
• Missouri Supreme Court reinforces solar panel law in HOA dispute (KY3) (https://www.ky3.com)