Landscape Lighting

I think you may be in the minority with your opinion of landscaping lighting. It may be an issue of personal taste than an actual rule to be enforced. Solar lights can come in handy outside of being a decorative item. We used them here recently for emergency lighting when the power went out for a week after the F5 tornadoes.

You can make suggestions to have these as violations but my feelings are your going to get voted down each time. Considering the majority of people who actually own them seem to be in the majority. If they are like me, I have run too many over with my vehicle or had critters eat them, that the fad kind of wore out. I do have a crooked walk way so they do help with people seeing where they are going.

Sounds like you have two issues - solar lights and decorative objects.

You should first check to see if your State has any laws on solar energy devices, as your governing documents cannot be in conflict with them.

Second, you need to make sure that this isn't an issue of different personal tastes vs. violations of guidelines/etc.

I don't understand why plants need lights. It's not like they're going to read the newspaper all night. The trees in my front yard seem to survive quite well without being lit up.

Lights are for people and should be placed where the lights will illuminate driveways and sidewalks. Low-powered solar lights do a good job of that without requiring wiring and they lend a certain elegance in an otherwise dark neighborhood.

Maybe the problem is that the OP is assuming that all outdoor lights are "landscape lights" and that only landscape lights are permitted. The way I read it is that if lights are not in the planters then they are not landscape lights and do not need to be hidden behind plants. I really think both the declarant and the OP have way too much time on their hands because I keep coming back to the question, "So what?"

William,

For landscaping rules, I'd think whether or not lighting is solar powered is irrelevant to the fact that plant material must surround the lighting fixture. While the are NC laws that prevent discrimination against home solar panels, clotheslines and other "green" fixtures, I'm not sold $30 garden lights rise to that level.

However, I can easily see a broader discussion of what constitutes "out of control" solar lighting in your future.

The difference between solar and low voltage lighting is that the solar lights are very mobile and can be replanted anywhere very easily. After the homeowner has received approval for the lighting from the ARC they can easily add to the total number and relocate them at will. That is not so easy with the low voltage lights.
With regards to them being used for security purposes is almost laughable. The lumen or wattage output that they emit is so low they are nearly useless for that purpose unless spaced extremely close together. And all of the homes have exterior porch and garage lighting as well as adequate street lights.
In this neighborhood they are definitely being used as as a decorative landscape feature, not for lighting. When you place 15 of these 18 inch tall lights across the front of of a 20 foot planted bed containing 3 two gallon plants, it is unsightly and no longer considered lighting. Same is true when you circle them spaced 18 inches apart around a small tree with a 3 inch trunk in the front yard.
We did address the over the top use of non organic plants (yard art) in limiting the number and size of the statues, bird baths, bunnies, turtles, bird houses, Sheppard hooks, two foot tall light houses, etc. This was done as they also were out of control with too many being installed in the landscaping. Again, the homeowner violated the CCR as they did not submit for approval by the ARC prior to installing the decorations.
To date we have been able to control the solar lights by them being classified as plant bed lighting. Otherwise we have to reclassify them as yard art decorative items and create new guidelines for that specific category. Unfortunately, a number of the homeowners have chosen to ignore the violation warning letters that have been sent on two separate occasions starting last summer. This week the violation letters go out with the deadline date for compliance or the $50 per week fine will begin until the violation is corrected. They do have the option to come before the ARC for a hearing and plead their case.
Someone also mentioned the NC law as it relates to solar power. We have guidelines for solar panels in the neighborhood as they are permitted, but garden lights are not solar power and covered by any laws. Ans we are not prohibiting them, only requiring them to be out of view.
As most understand you cannot dictate taste in a written document, but that is why exterior changes are reviewed by a Architectural Review Committee.
I'm still hoping to find someone that has had the same over the top use of these lights in their neighborhood as a decorative feature and how they controlled them better than the way we are. I have suggested that we only permit low voltage lights and ban the solar lights. That did not gain traction with the BOD!

William

What type layout is your POA? Standalone homes on individual lots is one issue. Adjoining townhomes/units could for the sake of continuity be another issue.

Thanks

There are no town homes, condos or anything other than single homes. Landscaping maintenance is performed by the homeowner except the common areas, such as entrances and the clubhouse area.

A question was posed if the issue centered around continuity due to connected homes. It is not. However, the issue is similar, just not specific to that reason. The CCR states that the neighborhood is to be harmonious and landscaping is to be kept similar to the adjoining properties. This is what guides the ARC in their decisions as they approve requests.

With respects to having too much time on my hands over these lights, my goal and the ARC is to protect the individual homeowners property values. Having a small home with only a $100 worth of landscaping next door to $400,000 investment and then filling the barren yard up with 50 solar light soldiers and ceramic yard art of every imaginable shape and size is not in keeping with protecting the property values! I wish I had a photo, which would certainly answer many questions.

The ARC approves or disapproves all exterior colors of siding and trim including storm door additions, driveway coatings, mulch types, all exterior lighting, etc. We are extremely detailed in what we do and control. The solar lights are not just a pain in the neck for someone with too much time on his hands. Even the builder has to submit exterior elevation looks for new style of homes they want to build.

Just looking to see if there are other solutions out there than what we already have in place.

I am still not over the "Plastic flower" plantings of one tenant...I thought it was a tribute to a dead child...It wasn't...She just didn't like keeping up with live flowers. Beauty is in the eye of the beholder...or the opinions of your fellow HOA members...

In our high rise community, all of the ground lights, path lights, bollards, etc. are in our common areas.

But our CC&Rs do state that additional lighting (there's a wall sconce for each) on our individual balconies should not offend others in any way--or words to that effect. The wording is similar to that which Paul cites.

Buying into an HOA is voluntary. In our case members complained about their neighbor's "airport runway lights" that served no purpose. The Assn did not make a night time "sweep" looking for them.

Paul T

I live on a side street where the builders never put in street lights and it gets dark back there. Several of us have solar path lights, mostly for our visitors to maneuver the sidewalk. Our HOA's rule is that your lights can't interfere with the landscapers' work.

Some people work really hard on their yards and have decorations that don't appeal to me. But I don't have to live in their homes (and we are in townhouses), so I don't worry about it. If someone is tacky, they will be tacky no matter what rules you have to curb it. They will find a way.

And I'd much rather have someone with a light-up yard gnome under a tree living next door than I would, for example, someone who makes meth or runs a brothel.