Court Says HOA’s Covenant Banning Solar Panels and Rule Prohibiting Street-Facing Panels Were Unenforceable

Two homeowners purchased a lot in a subdivision that was subject to restrictive covenants, including one prohibiting the installation of solar panels on residences. After their purchase, Missouri’s legislature enacted a statute barring covenants or restrictions that limit or prohibit solar panel installations on rooftops. The homeowners attempted to work with their homeowners’ association to amend the restriction, but the association maintained the ban, later offering only limited permission for panels not visible from the street. The homeowners then sought declaratory and injunctive relief, challenging the enforceability of the covenant and the association’s rule on street-facing panels.

The Circuit Court of Greene County denied relief to the homeowners, ruling that: