Missouri HOA Limits: Rooftop Solar Protected (§ 442.404, § 442.012)

Section 442.404 provides that 'no deed restrictions, covenants, or similar binding agreements running with the land shall limit or prohibit, or have the effect of limiting or prohibiting, the installation of solar panels or solar collectors on the rooftop.' An HOA may still 'adopt reasonable rules... regarding the placement of solar panels' so long as they do not 'prevent the installation of the device, impair the functioning of the device, restrict the use of the device, or adversely affect the cost or efficiency of the device.' The protection applies only to rooftops 'owned, controlled, and maintained by the owner.' Section 442.012 separately declares 'the right to utilize solar energy is a property right,' a negative easement that 'cannot be acquired by prescription.' Missouri has no comparable statute barring HOAs from prohibiting the U.S. flag or political signs.

A covenant or rule that limits, prohibits, impairs, or raises the cost/efficiency of rooftop solar is unenforceable under § 442.404; only reasonable placement rules survive. There is no statutory remedy against an HOA's restriction on flags or political signs — those disputes are governed solely by the recorded declaration.