The Missouri Supreme Court last week handed down a unanimous decision in the Colleen Eikmeier, et al v. Granite Springs Homeowners Association case solidifying protections passed by the Missouri legislature for solar customers against restrictive and excessive land covenants.
The nonprofit Renew Missouri helped secure this victory that not only protects Missourians’ right to enjoy solar energy but helps expand property owner protections overall. Senate Bill 820, sponsored by then-State Senator Eric Burlison, was passed in the 2022 legislative session. The bill prohibited homeowner associations (HOAs) from banning solar in their covenants. An amendment added by Senator Karla May postponed the effectiveness of the law until Jan. 1, 2023 so HOAs would have time to get into compliance.
Despite this law being signed by Gov. Mike Parson, the Granite Springs HOA in Greene County told Ms. Eikmeier that she could only put solar panels on the back of her home — in effect, 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 prior to the law going into effect. The trial judge sided with the HOA, triggering an extensive appellate process. All of which ended conclusively last week when the Supreme Court said, not only does the law apply to all homeowner associations in the state no matter when they were established, but the evidence put forward by the landowners at trial proved their HOA was violating the statute.
“Not only is this a victory for solar in our state, but this is a decisive win for property rights,” said James Owen, Executive Director of Renew Missouri, who also served as trial counsel for the Plaintiffs. “I am thrilled the Supreme Court not only held up the protections established by the Legislature but also helped make renewables and customer choice to pursue renewables more available in our state.”
Owen praised the work of veteran appellate lawyer Richard Schnake and Lilly Sweeney – a former Renew Missouri law clerk – with their Herculean efforts to fight for justice through this lengthy process.
News item from Renew Missouri
