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BruceJ (North Carolina)
Posts: 3
Posted:
Hi All-

I am a board member with my small community HOA. Unfortunately, i am only one member, and one vote. Our neighborhood only has 15 lots, and therefore has limited funds annually. Rather than raising dues to pay for neighborhood improvements, several members want to just remove our street lights, so we can "save" that money. I am all for finding alternatives for improvements, but i am concerned about the safety implications for this. Personally, i have 3 girls who love to play outside in the evenings. We moved to the neighborhood because it is small, private, with lots of land. It was ideal for our girls. However, i am extremely concerned that this is an unnecesary safety risk. It was my understanding that HOA's don't have the power or authority to make decisions, even with the proper amount of votes, that put it's members in an unsafe or dangerous situation. Can anyone help me find any information or clarifications i can use for this situation? I have a meeting tomorrow and would like to present information before it's too later.

Thanks to all.
DavidW5 (North Carolina)
Posts: 565
Posted:
Bruce,

Are your roads private? If not, then the street lights are likely public as well and maintained by the county. If your roads are private, then you have a much bigger maintenance budget requirement than the lights. You should be funding a replacement reserve fund to cover the eventual seal coating/repaving that will be needed. The amount that would be saved by removing the lights is tiny compared to what maintaining private roads will cost.

It seems like the other board members may be fiddling while Rome burns.
BruceJ (North Carolina)
Posts: 3
Posted:
The neighborhood is one longer road, and one short one. The longer one qualifies for county and is in the process of being converted. The shorter one does not qualify, and has 2 of the 12 street lights. The paving is a major issue that we have discussed and is one of the reasons residence want to stop paying electric, so part of that money can be diverted into a paving fund. I know that's an issue, but still not the immediate concern i have about crime and safety for my children.
PatrickS7 (Florida)
Posts: 7
Posted:
Bruce,

I would put the onerous task back on them in order to turn off the street lights. Essentially, make them get approval from the HOA insurance company and a recommendation from your attorney to do this. If you don’t have an attorney, then I would suggest you get one for the HOA. I think they will find that this is not wise or safe. You are right on, not a good idea.
FredS7 (Arizona)
Posts: 927
Posted:
While your concern is understandable this is not a clearly unsafe situation. Unwise and undesirable but not a clear and present danger.

Your best bet may be to examine the documents to see if they clearly designate street lights as something which is a common element. Then if there is other language saying that HOA has the responsibility to maintain common elements, there may be a high barrier to making the choice NOT to maintain.

You could also try to suggest that turning off the lights may not fall under the "business judgment" rule, opening the board up to liability.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Street lights are very expensive and inefficient. I agree with turning them off and selling them. It sounds like your HOA has money trouble and needs to make cuts regardless of how you feel. Money needs to come from somewhere.

I've lived in neighborhoods where people have their own lamp post, in their yard using, their own electricity. Works just fine.

image

Something to think about.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I think the issue of saving money by eliminating the street lights might be symptomatic of potential financial troubles there. My suggestion to the OP is to approach the discussion from that angle rather then his perceived safety of his children.

I would also look at potential insurance issues. There could be some ammunition there.

Now as background/additional issues, do keep the children safety alive issue with those that also have children.

Hope this advice helps.

BruceJ (North Carolina)
Posts: 3
Posted:
Thank you all for the feedback and information. I do want to mention a couple of other things: First, as i have been researching this issue, i have found numerous articles about safety, related to neighborhoods without streetlights. The Homeowner's Advocacy Association of America states that there is a 7% increase in crime with neighborhoods that don't have street lights. And that percentage increase dramatically as the price point of the neighborhood goes up. This is a "high end" neighborhood, and this is not just a perceived safety risk, it is a proven one. Secondly, this is an equestrian neighborhood, with a barn and horses down the street. Our girls walk to the barn at night to take care of the horses. This means they would be walking in the dark, through the neighborhood, and i do believe this is a real safety issue. I do believe there are neighbors who are experiencing financial issues and that very well may be at the heart of their concern. My intent is not to be cold or uncaring about those issues, but their financial issues shouldnt trump my children's safety. One of the other comments is about lighting being listed as a "Common Element", and after reviewing our covenants, i do see that referenced. This very well may be the direction i need to proceed with. Thank you all again for your assistance.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Wanting to keep the street lights and mounting an argument about why the HOA should keep them doesn't solve the original problem. Paying for them. If your going to go into details about keeping them, you should be prepared to talk in detail about how to pay for them. Increasing dues and by how much per unit, cutting other budgets, etc.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Bruce:

The association also has set precedence with the lighting and therefore safety of owners. I would suggest if they want to remove the lights that the association get majority vote agreement from owners per the governing documents.

I know I have seen an article and case law where an HOA made a homeowner remove an exterior light fixture as it violated the CCR’s. She later was assaulted, sued the HOA, and if I remember off the top of my head it was costly for the association. Sorry I have not found the info on it again but I’ll try to keep looking.
ND (PA)
Posts: 792
Posted:
Outright removal of the street lights at present time would be a bad idea. If powering them is not desired, they should just cut off the power supply. Removing the lights would be more expensive and if they ever changed their minds in the future, they would have to pay to put them back in.

Instead of removing or turning them off, perhaps lower wattage bulbs could be purchased that would bring expenses down. Also, if you get the word out to your other neighbors about what the Board is trying to do, maybe you will have others who would be ok with paying increased fees for continued powering of the lights. Supply those other owners with the data you've collected on lights and safety, and you'll have a small team to confront the Board about their bad idea.
HeleneN (Connecticut)
Posts: 84
Posted:
Check with your local planning and zoning. Developers usually have to file their plans with the town and the lighting may have been one of the requirement in order for them to receive a permit.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By HeleneN on 02/14/2012 11:28 AM
Check with your local planning and zoning. Developers usually have to file their plans with the town and the lighting may have been one of the requirement in order for them to receive a permit.

Helen: Excellent ... kicking myself because that should have crossed my mind.
BrianB (California)
Posts: 2,820
Posted:
wow... I am so lucky.

My HOA hasn't a single streetlight. we cover about 12 square miles, and not a streetlight on it.

And, no crime.

When we walk to the horse barns, we carry flashlights.
and in the summer, usually a handgun or shotgun with snakeshot. Maybe that explains the low crime.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Note to self ... no slithering near Brian's barn.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jant

I have nevr viewed you as a "snake" but maybe I am willing to change my mind...send pics.....LOL
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By JanetB2 on 02/14/2012 2:58 PM
Note to self ... no slithering near Brian's barn.

Slithering is fine... we leave kingsnakes, bullsnakes, etc. alone. Between them and the ravens, they keep the mice population down.

But don't rattle.

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