Light Trespass and HOA Rules

THERE IS CURRENTLY a company that is advertising custom lighting on all forms of social media. It is a company that sells what it calls “Permanent Holiday Lighting”. These lights are not security lights. They do not conform to the rules and regulations of most HOAs contrary to the information listed on the website of this company.

This type of lighting is not allowed in any of the 17 neighborhoods that make up the Aliante Master Association. They will NOT be approved thru any part of an Architectural Improvement or Request. We are putting this information out as a public service announcement to help prevent residents from spending thousands of dollars to have them installed only to find out, after the fact, that they are not allowed and must be removed because they did not check with the rules and regulations first.

The following paragraphs should be self explanatory but if you have any questions please contact your Management Company direct. There is a list of the ones here in Aliante listed at the bottom of this article.

 This type of Permanent Holiday Lighting is not allowed Photo: Jellyfishlighting.com

In conclusion, and at the risk of being technical, here is chapter and verse of the rules that prohibit these types of lights.

Rules & Regulations

5.7 (d) All lights and decorations that are not permanent fixtures of a Lot that were part of the original construction or have been properly approved as permanent improvements by the Master Board or its duly appointed designee shall be removed within thirty (30) days after the holiday has ended.

Design Guidelines

4.2 (b). Subdivision and Lot Lighting

Area lighting shall be provided along all Public and Private Streets. Light standards and pole heights should be scaled to meet the Street illumination requirements based upon Street dimensions. Accent lighting also may be used to light landscaping and community signage.

In general, low-level landscape lighting shall serve as the primary form of exterior lighting. Lighting sources shall not be visible and shall be aimed away from roads, sidewalks, adjacent residential units, and Common areas. Colored and neon lighting, as well as flood lighting, is prohibited.

It is encouraged that all yard lighting use low-voltage lighting. Excessive spill lights on Buildings, garage doors, driveways, and etc., shall be avoided. Walkway lighting or driveway lighting such as Malibu or solar lighting will be reviewed on a case by case basis. Pole-mounted light fixtures shall be located such that the light source is concealed from public view behind privacy or screen walls. Select up lighting and down lighting of trees may be allowed to provide drama so long as the light source is directed away from public view. Patio and porch lights may be allowed so long as low wattage sources are used and adequate covers are provided to screen the light source from public view.

Lighting

5.35 Exterior building lighting is allowed although excessive fugitive light should be avoided. New installation of security lights or motion detectors will be reviewed on a case-by-case basis pending ARC approval. Existing lights do not need approval for motion detectors. Floodlights are only allowed in rear yards although the lights shall be installed no higher than the lowest elevation of the Lot privacy wall. Pole mounted light fixtures are prohibited in front yards. Pole mounted light fixtures are allowed in rear yards, although the light shall be installed no higher than the lowest elevation of the lot privacy wall. Up lighting of buildings and structures is allowed. Landscape lighting is allowed and will be considered on a case-by-case basis.