Implied function of required HOA lighting

Welcome, Richard.

I've nothing to do with the legal profession, but have heard that "reasonableness" guides legal decisions. So it seems to me that you are correct.

Your covenants state that each owner must maintain the lampposts. it's reasonable to assume that means the post itself, the shade or glass, its proper operation, the wiring and so forth.

In our HOA, owners must maintain their individual balconies, but not every facet of "balcony" is spelled out in our CC&Rs. We reasonably assume it means a balcony's ceiling, walls, light fixture, railings with glass panels, and tile floor.

You Board prez should be treated like every other owner and your Board should follow your HOA's procedures for dealing with violations.

By "maintaining a light post", I think it is reasonable to assume that it is in working condition. Since the function is to illuminate the street at night, it would be reasonable to expect that it comes on everyday at dusk and turns off at dawn.

Now, I would suggest thinking in a way that achieves both goals - 1) lighting of the street AND 2) avoid light going into his front window. How about a cover that block light in the direction of President's window and instead reflects it toward the street?

Well, Richard, comply with your documents for the safety of your community--these are the only street lights you have! If someone stumbled and got hurt because of poor lighting, your Board would be liable for not taking care of this hazardous situation that you're well aware of. I don't need to be an attorney to state this with a fair amount of confidence. Your job as directors is to protect your HOA's assets; it's not to give in to the president's whims.

Why should the prez get special privileges?? Call him to hearing and fine him if necessary. Let him hire an attorney. Or is the rest of your Board afraid of him?

Your Board, probably without cause, may remove him from the office of president, by the way. Check your bylaws.

Good thinking on blocking the back of the light.

Maintaining the light pole in working order says to me the light must function as it was designed to. End of story. Time for the BOD to man up and notify the owner to do so or the fines will commence.

agree
Only thing he may listen to is legal precedent. Is there a lawyer in your group?
The principle here is we can't put every darn possibility in a rule....a reasonable person expects
that what is required will also be required to function.

Thanks so much for writing... this is a needed and good group

Actually, the President shouldn't vote on this topic.
However, if the Board allows it, the President could actually cast a vote.

Ah, of course you're right, Tim!

The covenants say it is the job of the owners to maintain. I would start enforcement as required by the C&Rs to get the homeowner in compliance and set a precedent for the neighborhood.

There is no debate over light maintenance. The light needs to be lit.

That said, vote to move the light where it's not shining directly into someone's house. That is not unreasonable and there's underground power serving the lamp post.