Rights of Adjoining Homeowner To HOA Approval

Started by CharlesC24 • 3 replies • 199 views

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CharlesC24 (Arizona)
Posts: 1

Posted:

My neighbor has sued me and the HOA for violation of the HOA rules and CC&Rs and causing a "private nuisance" because the bistro lights on my pergola bother him when he is on his patio and in his bedroom. I was given permission on two different occasions by the HOA for installing the lights in compliance with the applicable rules and CC&Rs etc. Assuming the HOA followed the applicable rules in approving the lights is its approval an automatic bar to the homeowner's lawsuit?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can sue anyone for anything at anytime right or wrong. Plus suing your HOA is suing yourself and your neighbors anyways. Just because they are suing doesn't mean they win. The HOA and you have proof the lights were approved and meet the rules then bring that proof to the court. Simple as that. The court will sort it out.

I will say I think one should be aware of the wattage of the bulbs they are using. Plus be courteous of their neighbors. Such as you don't put a 100 Watt bulb into an outdoor light. Our HOA recommended 60 Watt and below if using outdoor lighting. I would also go as far as wanting them turned off after 10 pm similar to whatever your HOA's "noise" time limits are. Light produce "noise" too.

A compromise may be to put in a lower wattage bulb and a timer to turn off at a certain time. Maybe even put up a "Sail" or something filtering the light. The lawsuit can only make the owner "whole" which in this case would be correcting any violations if there are any by having the lights.

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By CharlesC24 on 10/16/2023 8:37 PM
My neighbor has sued me and the HOA for violation of the HOA rules and CC&Rs and causing a "private nuisance" because the bistro lights on my pergola bother him when he is on his patio and in his bedroom. I was given permission on two different occasions by the HOA for installing the lights in compliance with the applicable rules and CC&Rs etc. Assuming the HOA followed the applicable rules in approving the lights is its approval an automatic bar to the homeowner's lawsuit?

No. Even if all procedures were correctly followed, the HOA's approval is not a bar to the homeowner's lawsuit and would not preclude the owner prevailing. That is, the owner might very well prevail.

Some HOAs require neighbors to give their approval to certain architectural improvements prior to the HOA putting its stamp of approval on the improvement. I trust you can see the wisdom in this at this point. Though it appears this requirement is not in your HOA's covenants.

I would do all I can to settle this. The cost of the attorney fees and the months of hassle of a lawsuit are a high cost to pay over some lights.

By the way your first post here presents the situation well and has superb focus on what the issue is. This greatly facilitates people's assistance to you in this forum. And I am not into flattery.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Try to get a compromise, perhaps some landscaping or physical shielding over the lights.

It's best to work out a compromise.

That said, if you have already been served a legal notice:

1) Find an attorney
2) Follow the Attorney's advice
3) Don't post anything about the issue on the internet as it could cause issues in your defense.

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