Neighbor is non compliant

Hello. Our HOA rules clearly specify that no flood lights be placed onto your home without written consent of the HOA management. The way our subdivision is laid out, the back of my house and backyard is at a 90 degree angle with the neighbor who has a motion detector flood light and this light shines directly into my home.
I filed a few complaints to the board about this issue and over 2 months time, nothing has changed except the common response of that the HOA sent him a violation letter, fined him and verbally told him to remove the light.
It seems to me the light will not be removed and the board admitted to me that they have limited power.
What is my next step? Can I hire an attorney and go after the neighbor and association?
I am a disabled veteran with a disease affecting many things especially my eye sight. Having this light shine into my house for 4 hours every night is making my eye sight worse.
Please help. I am in Tucson Arizona and we just moved here in April. Thanks.

GeorgeS21,
Thank you for the reply. I tried to attach a pic but got an error.

Do you know much time the violator has to remove the light per the Board's decision? It might help if you ask the Board to pease put their decision that he must move the light in wiring. "Verbally" is truly sloppy. their decision needs to be in writing, must state by when he met remove the light, and what, if anything per your docs, will happen if he doesn't.

Along with Augie's advice about looking at your documents, while you're at it, do your CC&Rs allow the Board or its agents to enter private property to correct violations??? It's a common clause, but, of course, must be handled very carefully. Let's see f you have that clause before fi further advice about how to correct the violation.

I think it's too early for any attorney.

Jeff

Check out pellet rifles.

Hmmm: Is it a "flood" light if it has a shield on it?

Are you saying, Jeff, that your HOA has no board of directors t all? Or that the developer & their people compare the current board?

Taken out of the by laws:
(These are all new homes, he is the original owner)
"23. LIGHTS. Except as initially installed by Declarant or any Declarant Affiliate, no spotlights, floodlights or other high intensity lighting shall be placed or utilized upon any lot, or any structure erected thereon, which in any manner will allow light to be directed or reflected on any other property except as approved by the Reviewing Authority."

I was just told by the manager that since this neighbor put in an architectural request for a cover on this light, he will not be considered to be in violation and therefore can be chosen as a board member. Putting a fix to something that shouldn't be allowed in the first place.

I put in a call for an attorney dealing in HOA cases and they want $200 just to say hello. Maybe I can get the Disabled Veteran or American Disability Act to help me?

Hi. Its a new sub, 1 years old. Last home was built and sold. This Thursday we have an election to hire 5 new people to the BOD. The person not in compliance is also running for a position on Thursday.
I really need help with this but cannot afford an attorney.

Jeff

Like it or not as you have no BOD, the manager calls the shots and the manager has ruled the person is not in violation. Live with it especially as it will be corrected. Stop with wanting a pound of flesh.

Jeff,

You have received good advice about modifying your curtains, etc.

I would install an LED in something approaching 5000K color light facing the other fellow and aim it to where it directly enters their windows. Wait for the negotiation.

Not all motion detector lights are flood lights.

And not all flood lights act as motion detector lights.

Surely this could be remedied by an independent representative from the owner/ board.

I would start checking state and federal laws regarding both HOAs and discriminatory practices against disabled persons. See what you can find and, if appropriate, contact your state legislators and local officials. If I recall correctly, unlike the free-for-all we have here in New York, Arizona does have some specific laws regarding HOA behavior.

If you don't plan on moving anytime soon or care that much about a near-term effect on property values, notify the board that you'll need to take this to the local daily or weekly newspaper (see if they or a local TV station have a consumer reporter who will hear your gripes). If you don't get a response inside the community, then you need to take it outside. It's too bad things have to be done this way, but it appears you're being too nice and not causing the board enough aggravation. You need to make their lives miserable until they fix the problem. Here in New York, we sometimes have to stamp our feet to exert our rights. It's probably how we got our reputation for rudeness!

In New York, probably thanks largely to our strong real estate industry lobby, there really aren’t any government agencies which will step in on your behalf if you have a legitimate beef with the HOA. If you have evidence of criminality, you can try taking it to the attorney general. Beyond that, you have to hire an attorney at great cost. The AG’s primer on HOAs essentially advises you to work it out with the board and then, at the end, offers a hale and hearty “good luck!” We are pretty much on our own. It’s something to think about before buying a place in NY.

I guess one could try that, but today, there is such a sense of “personal freedom” and entitlement and a lack of neighborliness that no one wants to be told what to do . . . by a neighbor or anyone else. The neighbor with the lights either did not notice or care that he was putting up lights that were shining into the next door windows, so I wouldn’t expect much. I have a relative with a similar situation and when she first approached the neighbor about moving the lights, all she got was resistance and arrogance. Only a warning letter from the association got him to move his lights and now the two neighbors don’t talk to one another.

In my complex, people arrive from detached homes on large parcels. They don’t read the bylaws or rules and then they start to make landscape changes and renovations — sometimes without permission — as if they still live in their former homes. They move into a home attached directly to their neighbor’s and then start bizarre plantings to try and limit their view and increase their isolation. They propose new decks like aircraft carriers without caring that they might block the light and view of a neighbor. If that isn’t enough, they install clattering generators so that their neighbors without them can’t open their windows or get sleep during a power outage. When we complained to the board that they weren’t following the rule to keep them off from 11pm-7am, the board simply eliminated the rule. So the next time they are on at night, we will have to call the police because the nighttime decibel level is higher than local ordinances allow. How’s that for neighborliness?

With people so ignorant and difficult today, I’m not sure how well these communal living arrangements work anymore. I wish the OP luck in approaching his neighbor. Maybe we’ll all be pleasantly surprised.

Unfortunately, there is also the sense of not wanting to try and resolve things yourself but more then willingness to have others do the complaining/resolving for you.

Personally, I try to resolve the issue at the lowest level possible. To me this would be talking to the neighbor.
We do not know if this was done prior to the issue being raised to the Board.
It's likely too late now to talk to the neighbor one on one.

Possible options:

Landscape to block the light.
blackout shades (depending where the light is entering the home).
Check local ordinances about light from a home (might be something there)