The Missouri Supreme Court issued a unanimous decision in the case last week Colleen Eikmeier, et al v. Granite Springs Homeowners Association case that strengthens protections passed by the Missouri Legislature for solar customers against restrictive and excessive land covenants.
The non-profit organization Renew Missouri helped secure this victory, which not only protects Missourians’ right to enjoy solar energy, but also helps expand protections for property owners generally. Senate Bill 820, sponsored by then-Senator Eric Burlison, passed during the 2022 legislative session. The bill prohibited homeowners associations (HOAs) from prohibiting solar energy in their covenants. An amendment added by Senator Karla May postponed the law’s effectiveness until January 1, 2023, so HOAs would have time to comply with the law.
Despite this law being signed into law by Governor Mike Parson, the Granite Springs HOA in Greene County told Ms. Eikmeier that she could only install solar panels on the back of her house – essentially a de facto ban also prohibited by SB 820. She filed a lawsuit to enforce the provisions of the new law, which the HOA argued should not apply to any HOA that existed before the law went into effect. The judge sided with the homeowners’ association, which led to an extensive appeals process. All of this finally came to an end last week when the Supreme Court said: Not only does the law apply to all homeowners associations in the state, regardless of when they were formed, but the evidence presented by the landowners at trial proved that their HOA violated the law.
“Not only is this a victory for solar in our state, but this is also a decisive victory for property rights,” said James Owen, executive director of Renew Missouri, who also served as a trial attorney for the plaintiffs. “I am thrilled that the Supreme Court has not only upheld the Legislature’s protections, but also helped make renewable energy sources and customer choice for renewable energy sources more available in our state.”
Owen praised the work of veteran appellate attorney Richard Schnake and Lilly Sweeney – a former Renew Missouri law clerk – for their tremendous efforts to fight for justice throughout this lengthy process.
News story from Renew Missouri
