Real Estate & Property Law

Lights On In the HOA? Or Lights Off?

I have readers who have different opinions about things, and HOAs and condo associations have different types of owners who have different opinions about things. It is important for board members to not only get educated about what is required by law, and what are good things to do with regard to community finances, maintenance and the like, but also to get themselves educated on what the owners want - especially when areas of controversy arise. Many boards think they have their finger on the "pulse" of the community, but really do not.

Here is a note from a reader that illustrates this:

"I was on your blog reading about HOA lighting issues. We have a related issue that is actually a 180 of what you discussed. We have an HOA with plenty of lighting but there are homeowners that want to have them shut off. What are the laws related to keeping the lights on?"

Good question. None really. Except for cases like those that define what conditions or lack thereof can lead to HOA liability, or exploring the idea of fiduciary duty. One of the leading cases in HOA law in California involved a beating and rape of a resident. The resident complained about the dark common area around her home and asked the board to put up lighting. The board refused. The woman had some lighting put up. The board ordered it removed. The woman was beaten in her unit. She sued, and guess what, she won!

On the other hand, overdoing lighting can result in sleep deprivation. And boards have enough trouble dealing with owners when they are not sleep deprived..... so - the logical (or illogical?) answer to the question of how much lighting is just right? ... Enough to avoid liability for having too little, especially in areas where there are possible walking path hazards or reports of prowlers or crime. Little enough so as not to keep all the residents awake. And not so much that the electric bills are unnecessarily "sky high".

A good way to find out what the majority of owners want is not to "ass-u-me", but to send out is a well worded survey. And one more note - well lit parking areas tend to keep the riff raff from gathering under the carports.

And that's the truth!

Full post as published by California Condo & HOA Law on January 14, 2010 (boomark / email).