To follow-up on our post from July 2, 2025, the Missouri Supreme Court has found in favor of homeowners in litigation involving their homeowners’ association related to RSMo. 442.404 (“Solar Statute”). In summary, the Solar Statute eliminates covenants prohibiting solar panels on rooftops unless the roofs are maintained by the homeowners’ association; however, an association could adopt reasonable rules and regulations so long as they did not adversely impact the cost and efficiency of the system.
The Southern District Court of Appeals held that the trial court was correct in holding that the Solar Statute can only apply prospectively and not impact existing covenants prior to the effective date of the Solar Statute.
The Missouri Supreme Court disagreed with the trial court and reversed. Eikmeier v. Granite Springs Home Owners Ass’n, Inc., No. SC 101152, 2026 WL 202043 (Mo. Jan. 23, 2026). The Court recognized that Missouri’s public policy, as expressed through statutes adopted by the General Assembly and voters, is to encourage use of the solar energy, and has been a recognized property right under RSMo. 442.012.1.
Further, the Court stated the language of the Solar Statute clearly shows an intent to apply to all existing and future covenants related to solar panels. Last, the Court held that the association’s rule that solar panels could only be located on the rear of the residence is not enforceable because it adversely impacts the cost and efficiency of the system, which is prohibited by the Solar Statute.
As the roofs within this community were not maintained by the association, the court did not apply that exclusion within the Solar Statue. Accordingly, if your community does not maintain roofs, the association should consult with legal counsel to ensure its approach to solar panels is consistent with the Solar Statute and this recent case.
