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
- Do our recorded covenants or rules limit or ban rooftop solar, and have we reviewed them against current Missouri solar statutes?
- If placement rules exist (for example, no street-facing panels), what evidence do we have about production or cost effects?
- What written process do owners use to apply for solar and receive a reasoned decision?
Questions for a lawyer
- Does § 442.404 (or successor) apply to our declaration's effective date and any amended design guidelines?
- What proof of adverse effect on cost or efficiency would be needed to challenge a placement restriction?
- Should we seek declaratory relief before installing, or after a denial?
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._
General information, not legal advice. Outcomes turn on facts and current law.