The Missouri Supreme Court made a majority ruling in the matter of Colleen Eikmeier et al. v. Granite Springs Homeowners Association. This decision strengthened safeguards that the Missouri legislature had already established for solar customers against too harsh and unfair land covenants.
Senate Bill 820 Protects Solar Access
This win, which preserves Missourians’ ability to use solar energy and helps safeguard property owners in general, was made possible by the group Renew Missouri. The 2022 legislative session saw the passage of Senate Bill 820, which was sponsored by then-State Senator Eric Burlison. The measure said that homeowner associations (HOAs) could not stop anyone from putting up solar panels in their homes. Senator Karla May added an amendment that pushed back the law’s start date to January 1, 2023, so that HOAs would have time to follow the rules.
Court Ruling Applies to All HOAs
Even after Gov. Mike Parson signed this bill, the Granite Springs HOA in Greene County notified Ms. Eikmeier that she could only place solar panels on the rear of her house. This was basically a prohibition that SB 820 also made illegal. She sued to make the new legislation’s rules apply, but the HOA said they shouldn’t apply to any HOA that existed when the statute went into effect. The trial court agreed with the HOA, which started a long appeals process. Last Monday, the Supreme Court put a stop to all of this by saying that the legislation applies to all homeowner organizations in the state, no matter when they were formed. The landowners’ evidence at trial also showed that their HOA was breaking the law.
James Owen, Executive Director of Renew Missouri and trial lawyer for the Plaintiffs, stated,
“This is not only a win for solar in our state, but it is also a clear win for property rights.”
“I’m so happy that the Supreme Court not only upheld the protections put in place by the Legislature, but also made it easier for people in our state to use renewable energy and choose to do so.”
Owen complimented the work of Richard Schnake, an experienced appellate lawyer, and Lilly Sweeney, a former Renew Missouri legal clerk, for their hard work to get justice through this long process.
