Eikmeier v. Granite Springs Home Owners Association, Inc.

Greene County · MO · Supreme Court of Missouri, en banc

Member win · architectural

What happened

In 2003 the Granite Springs developer recorded covenants banning solar panels. Colleen Eikmeier and William Love later bought a lot subject to that ban. After Missouri enacted solar-protection statute § 442.404, they sought to install rooftop panels. The HOA first maintained the ban, then allowed panels only if not visible from the street. The circuit court denied relief, treating the statute as inapplicable to preexisting covenants. The Missouri Supreme Court, en banc, reversed and entered judgment for the homeowners (Jan. 23, 2026).

What the court (or agency) held

Missouri's solar-rights statute (§ 442.404.3) applies to covenants that existed before the statute's effective date; those covenants cannot be enforced to ban rooftop solar going forward. An HOA rule barring street-facing panels also could not be enforced where unrebutted evidence showed it cut production about 24% and would require roughly $17,000 more equipment to match output—adversely affecting cost or efficiency.

Why this matters for members

New solar-rights statutes can displace older no-solar covenants. Aesthetic "not visible from the street" rules still fail if evidence shows material loss of production or added cost. Documented efficiency comparisons mattered on the adverse-effect showing.

What the member did

Documented installation proposals and cost/efficiency comparisons for street-facing versus non-street-facing layouts; sued for declaratory and injunctive relief under the new statute.

What did not work

Attempting to negotiate a covenant change with the HOA before suit did not produce enforceable solar rights; the board maintained the ban and later offered only non-street-facing placement.

Questions for the board

Questions for a lawyer

Citation

Eikmeier v. Granite Springs Home Owners Association, Inc., No. SC101152; 727 S.W.3d 432 (Mo. banc 2026) (2026-01-23). Supreme Court of Missouri, en banc. Outcome chip: member_win. Source: https://www.solarpowerworldonline.com/wp-content/uploads/2026/01/Supreme-Court-ruling-1.23.2026.pdf

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.