A homeowner in Mooresville has been notified of a patio lights violation in his HOA community. It is not uncommon for homeowners associations to have rules against decorations. When violated, residents can face a number of consequences, including a monetary penalty.
Patio Lights Violation Leads to Large Fine
A Mooresville resident faces potential daily fines of $100 from his homeowners association over his backyard lighting setup. However, he does not believe the matter is problematic.
Following retirement from the U.S. Air Force, Rick Goforth dedicated his time to enhancing his Mooresville residence’s backyard. He constructed his envisioned outdoor space, complete with amenities like an outdoor grill, fire pit, and, most recently, posts and lights. Goforth obtained approval from the HOA to build the extended patio. He began the project in 2017 and received endorsement through official correspondence.
After maintaining the lighting fixtures for two years without incident, Goforth received notification from the HOA indicating a violation due to exterior lighting concerns. The correspondence outlined requirements for approval from the HOA. It stressed that the lights must not cause excessive glare or intrude upon residents’ privacy. Failure to comply could result in a daily fine of $100.
Selective Enforcement?
Confused, Goforth highlighted the low-voltage nature of the lights. He also explained that his neighbors did not find the lights disturbing. Despite similar lighting setups among seven other neighbors, none had received fines or warnings from the HOA.
In response to inquiries, the HOA conveyed that a hearing would take place to address the matter. North Carolina law mandates a hearing before imposing fines. The HOA clarified that no fines had been imposed thus far. The association also referenced community guidelines regarding property regulations.
Reflecting on his adherence to rules, Goforth emphasized his commitment to compliance, instilled by his military background. Attorney Ben Karb pointed out that such disputes are common within HOAs, emphasizing the importance of adhering to community guidelines upon moving into an HOA-managed area.
Despite his compliance, Goforth questioned the inconsistent enforcement of regulations. He notes the presence of similar lighting fixtures on other properties, yet those residents did not face any penalties.
The situation has yet to be resolved.
