To Palisades Home Owners Association,

This is to bring to your attention that your decision to allow installation of permanent artificial trim lights on both shared spaces and private residences violates the goodwill and environmental conservation spirit envisioned in The Palisades Architectural Control Committee Guidelines, The By-Laws of Palisades Residential Property Homeowners Association of Mecklenburg, and the Residential Improvement Guidelines.

According to Section 6 of the Residential Improvement Guidelines, under the lighting provision, the guidelines state that the ACC must approve all exterior lighting. The illumination must not create a nuisance or emit glare directly to streets and adjacent properties. Further, soffit-mounted spotlights are discouraged. The external lighting installed violates this guideline as it is likely to cause nuisances such as attracting moths and bugs, which attract predators that eat them like frogs and birds. An increase of frogs and birds will increase snakes and birds of prey that eat the frogs and birds, hence causing a nuisance to the residents.

Secondly, the Homeowners Association is violating the guidelines by failure to acquire approval from the ACC.  The Architectural Control Committee’s primary responsibility is to review plans and specifications for proposed improvements or changes to homeowner’s property. Then they approve or deny the requests based on the guidelines found in the CC&Rs for the community. For example, the ACC may require removing landscape lighting that is damaged, inoperative, or otherwise not being maintained as determined by the ACC. The Residential Improvement guidelines outlaws direct glare to adjacent lots, streets, or other adjacent uses and lightning of designated street trees.  In this case, failure to obtain the necessary permits from the ACC equals disregarding authority.’

Thirdly, the permanent installation of artificial lighting grossly violates the Architectural Guidelines of The Palisades Architectural Control Committee, which postulates that exterior lighting should be used to enhance the overall design concept of the home in an aesthetically pleasing manner. The guidelines state that exterior lighting should not infringe upon adjacent neighbors; therefore, glare shields may be required to eliminate bright spots and glare sources. Artificial lighting violates the guidelines as it infringes upon adjacent neighbors, shared spaces, and private residences.

Additionally, the Architectural Guidelines state that no exterior lightning will be permitted, which in the opinion of the ACC, would create a nuisance to neighboring lots, including the Golf Course, or would otherwise be incompatible with The Palisades’ development. In this case, the artificial lighting causes nuisance and stall to The Palisades’ development. Therefore, the installation of artificial lighting makes the Gold Standard designation achievement almost impossible.

Kindly consider the spirit envisioned in construing the above provisions of the covenants and rules, environment conservation, and other homeowners and the cascade effects of the artificial light installation. We all thrive and live peacefully when we adhere to the law and consider the interests of others and the community at large. Therefore, this is a call to all homeowners to adhere to the guidelines because what are the laws for if we disregard them.

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )