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Matt Russell
sage


Reged: 09/14/04
Posts: 386
Loc: Colorado
Light Pollution / Tresspass in HOA Bylaws new
      #2582916 - 08/15/08 10:57 AM

Does anyone have any examples of light pollution / tresspass wording in a homeowners association? I am developing our land for some residential lots and want to add some verbiage in the HOA bylaws.

Thanks,

--------------------
Matt Russell
http://www.telescopes.cc


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Joe Lalumia
Carpal Tunnel
*****

Reged: 01/24/07
Posts: 2573
Loc: Rockwall, Texas, USA
Re: Light Pollution / Tresspass in HOA Bylaws new [Re: Matt Russell]
      #2583774 - 08/15/08 07:05 PM

Matt-- we posted a "model" light pollution code. It is sticky tacked to the top --- CN Lighting Code Presentation-- you can adapt the "model" code for your HOA bylaws.

Joe

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LX90 8" LNT, SV Nighthawk & TelePOD, SV 80/9D & M4 mount, ETX 90, Orion XT10i, 20x80 binoculars, SV-BV3s.
"The hardest thing in the world to understand is the income tax." - Albert Einstein


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FirstSight
Carpal Tunnel
*****

Reged: 12/26/05
Posts: 2521
Loc: Raleigh, NC
Re: Light Pollution / Tresspass in HOA Bylaws [Re: Joe Lalumia]
      #2584036 - 08/15/08 09:43 PM

Consider also putting covenants directly into the deeds, which is harder for some future HOA board to change (or undermine by lax enforcement). Remember that past a certain point, you won't necessarily control the HOA as well as you might like, including any amendment or enforcement process.

Second, be sure to BOTH specifically call the attention of any builders/architects who intend to construct houses on these lots of the existence of the light trespass covenants, AND of their specific intended meaning, e.g. all lights must be properly shielded. Point is, you want to insure that the lighting is chosen appropriately from the get-go, not a legal dispute you might arguably win later (at considerable expense and trouble). The builders simply want to get the houses finished and sold, and are more likely to dance the requested dance simply to get on with it, finish, and collect their money from a sale (even if they don't "get it" about your objections), and will be motivated to cut corners on your restrictions only if it seems significantly more profitable to do so and they think they can get away with it. But bottom line: if complying with your restrictions is the path of least resistance, they'll probably take it as a prophylactic measure. Not necessarily so some of the individual homebuyers, who may take a more resentful, defiant attitude about something the builder installed which you now try to pressure them into changing something the builder did, at their expense.

Some of the people you may be counting on for enforcement may simply not "get it" about why certain types or intensities/orientations of light are offensive, instead of a pleasant feature. Also, don't forget to consider the impact of even interior lighting from big neighbor-facing picture windows - some people are prone to installing and keeping lit blazingly bright arrays of indoor lights in rooms facing the largest banks of windows, which can sometimes have almost as much light trespass impact as an array of unshieleded floodlights.



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Chris M., aka "First Sight"
Orion XT12i Dob with Moonlite CR-2 focuser
WO Megrez 90 refractor on UniStar Light mount
Nikon 10x50 Binoculars


Edited by FirstSight (08/15/08 09:53 PM)


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