Colleen Eikmeier and William S. Love Missouri Cases

Colleen Eikmeier and William Love, homeowners in a subdivision, sought declaratory and injunctive relief against their homeowners' association (HOA) after the legislature enacted a statute proscribing covenants from limiting solar panel installation. The circuit court denied relief, finding the statute could not apply to preexisting covenants. The Missouri Supreme Court reversed, holding that the statute applies to all covenants, including those in existence before its effective date, and that this application does not violate the state constitution's prohibition against retrospective laws or impairment of contracts. The Court also found the HOA's rule prohibiting street-facing solar panels unenforceable as it adversely affected the cost or efficiency of the solar device.