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LoisA (Colorado)
Posts: 7
Posted:
Our Association has updated our covenants, adding a piece about lighting restrictions to preserve dark skies. One of our property owners has many bright mercury vapor lighting on his home. They have been there for many years, predating the updated covenants. We are in the mountains and it is very dark all around and people appreciate this. Many neighbors are complaining. Several have spoken to the home owner directly but he has done nothing.
Question: can we use the new covenants to enforce a preexisting situation? We have no statement about this in our covenants. Any one have any information about this? Thoughts would be appreciated!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Lois,

If this homeowner was never told the lights are in violation of the CCRs, the BOD cannot now state they are even though the CCRs have been amended to ban them. This homeowner's lights should be grandfathered; however the grandfather clause can be worded so that it only applies as long as the current owner lives in the home. If he sells the home the lights must come down.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Think outside the box. If people are complaining, offer to replace the lights free of charge.
MicheleD (Kentucky)
Posts: 4,491
Posted:
"Replace" them -- with what?

Black lights?

Were I the homeowner in question I would respectfully decline any replacement and I would respectfully request that all the other nosey-bodies pay attention to their own dark homes.

My house would continue to be well-lit at night.

What happens after I move is between the person buying my home and everyone (in the HOA) left behind.
RobertG12 (Arizona)
Posts: 160
Posted:
Quote:
Posted By MicheleD on 05/29/2009 5:37 PM
"Replace" them -- with what?

Black lights?

Were I the homeowner in question I would respectfully decline any replacement and I would respectfully request that all the other nosey-bodies pay attention to their own dark homes.

My house would continue to be well-lit at night.

What happens after I move is between the person buying my home and everyone (in the HOA) left behind.

Michele, I do assume you know the difference between a dark sky and a dark home, correct?
LoisA (Colorado)
Posts: 7
Posted:
Michelle, Just a clarification: The lights shine all over the whole area - it is like a used car lot - some are spot lights pointed right at other homes. We are in the country where folks really like to be able to appreciate the stars at night.
Lois
MicheleD (Kentucky)
Posts: 4,491
Posted:
Yes, I do know the difference. I grew up in the country.

I also know quite a bit about country skies vs. city skies, especially as I love to use my telescope.

But, still, there are also many reasons I would want my area (home, yard, general area) well lit. . . in the country.

And as long as they are not violating any local ordinances or the governing documents (which they are not, apparently, since there were no outside-light restrictions prior to their moving in), then it is what it is.

I would still respectfully decline any replacement and respectfully request they mind to their own little acre.

If the lights are actually shining into someone else's home, there may be some local ordinance that addresses that.

But, if not. Well, it's a bummer, but probably not something anyone can do anything about.
KirkW1 (Texas)
Posts: 1,665
Posted:
I think trying to work against his lights is an uphill battle at best.

I would suggest that instead of complaining to the owner about the situation someone actually go up and talk (and listen) to the owner. Find out why he has the lights and look for a creative way to meet his needs and your needs at the same time. But you should be prepared to offer to pay the cost of any changes.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
You could stop by and ask him for a few minutes if his time. A few of the homeowners and yourself want to make him an offer. You would pay to replace his Mercury Vapor Lights with CFL Yard Lights at no charge which would drastically reduce his electricity bill and be no hassle. In return, you and your neighbors get a darker neighborhood. Its a win, win. The CFL Yard bulbs typically go for $25.

Mercury Vapor Lights = 175w (typically)
CFL Yard Light = 50w
LoisA (Colorado)
Posts: 7
Posted:
Thanks to all who sent ideas and comments! Gave our Board some things to think about. I appreciate your time and thoughts.
PeterV1 (Virginia)
Posts: 18
Posted:
This may be a long shot, but does your local government have anything about excess lighting. We always default to our local ordinances when our covenants don't address something.

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