IN 2015 PLAN
A challenge that some Missouri homeowners face with installation of solar panels, is that local ordinances or homeowner's association rules can affect the installation of solar systems on homes or businesses. While these rules are created to ensure uniformity or uphold a community's aesthetic standard, they may inadvertently prohibit the installation of photovoltaic systems. In other instances, some rules may require that solar customers make modifications to their system design, which may unreasonably increase costs, decrease efficiency of the system, or both. Missouri law provides that the right to utilize solar energy is a property right but eminent domain may not be used to obtain such property right. In spite of this law, the extent to which this property right can be infringed upon by homeowner associations or local ordinances has not been fully settled. In recent years, several court cases have been filed in Missouri by homeowners against their property associations, and also by property associations against member homeowners (2.1, 29).
Legislative proposals were considered in 2016, 2017, and 2018. Met with stakeholders to consider solutions and determine barriers.
MEI RATIONALE FOR GRADE
discussions had, but limited movement.
STEPS TO COMPLETION
Further progress steps include conducting research to determine what case law exists and developing the appropriate legislative proposal in consideration of homeowners associations, restrictive covenants, planning and zoning authorities, and so on, along with considering a law to preserve and protect a property owner’s inherent property rights and their existing right to install and operate solar systems.
MEI Rationale For GRADE
limited action taken.
Steps to Completion
Further progress steps include determining the scope and authority for the Office and the funding necessary to support it. DE staff will also prepare information, FAQs, and documents for the Office to use for outreach and seek to execute an MOU, Executive Order or formalization of the role.