Missouri RSMo 442.404 voids deed restrictions and HOA covenants that prohibit or effectively prohibit rooftop solar panel installation, and the Missouri Supreme Court confirmed retroactive application to pre-existing covenants in 2026.
RSMo 442.404, effective January 1, 2023, declares unenforceable any deed restriction or HOA covenant that prohibits or limits installation of solar panels on a homeowner-controlled rooftop. HOAs may adopt reasonable placement rules but cannot impair functionality, restrict use, or adversely affect cost or efficiency. In Eikmeier v. Granite Springs Owners Association (2026), the Missouri Supreme Court held the statute applies retroactively to covenants pre-dating the law and struck down a rule limiting panels to rear-facing roofs. The preemption applies statewide regardless of HOA bylaws or municipal architectural review boards.
Affected homeowners may sue for declaratory and injunctive relief; courts may award damages and attorney fees against HOAs enforcing void covenants.
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Kirkwood, MO
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Kirkwood, MO
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Kirkwood, MO
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