COLUMN: Barbara Holland

Q. The president of our association has threatened to break the light bulbs in my outside light fixtures if I continue to leave them on at night. He claims my neighbor has complained that the light is too bright.

The bulb is one of those new 13-watt energy-efficient types that are the equivalent of a 60-watt traditional bulb.

I got the bulb from a Metropolitan Police Department-sponsored meeting. The idea of the outside lighting around the house is to help prevent burglaries. There was a burglary and another disturbance on my street and there have been 100 incidents within a one-mile radius of my home in the last two months, according to the department's statistics.

I spoke to the neighbor who had been complaining. After explaining the situation, she said that she did not have a problem with the lights at the patio and entry door staying on overnight. I have not installed any additional light fixtures, only the ones that came with the house.

The president says that I do not have the right to leave the lights on at night as I am infringing on the neighbors' right to have it dark at night. I have taken the bulbs out because I do not want to cause any trouble. What are my rights and how should I handle the situation to avoid problems?

A. Your president better start praying every night that there is no break-in or any act of violence at your home. There are state Supreme Court cases, one in particular from California, where a homeowner installed a light that the association removed. A criminal act occurred at that home, leaving the association wide open for a lawsuit that the association lost.

Although state law does not specifically address the issue of lighting as a method to increase security, there is a clause that states the association cannot unreasonably restrict or prohibit the addition of locks or shutters as security improvements. In your case, it is not a question of installing any fixtures that would require architectural approval, but a case of simply changing a light bulb. You're not even talking about installing a 150-watt flood light.

Every single security seminar and every single risk management seminar will stress the importance of lighting as a deterrent against crime. Combined with the information provided by the police department, you have made a case for your simple improvement to security.

With recent state Supreme Court rulings and the crime impact statements, the president has left his association in a very precarious situation, one that any personal injury attorney would love to bring against the association should anything go wrong.

You should reinstall your light bulbs into the fixtures. If possible, you might change the angle of the fixtures to minimize the impact on your neighbor.

Also, send a letter to the association management and board of directors informing them of your intentions. You should state in writing that if they force you to remove the light bulbs that you will hold them and the association responsible for any criminal actions that may take place.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

Real Estate home