Looky Looo Neighbors

Started by MichelleC8 • 8 replies • 304 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MichelleC8 (California)
Posts: 80

Posted:

Hi there, I am new to our association. I just moved here about 5 months ago. It is a house HOA community. Issue is I have a neighbor that seems to be wanting a peep show onto my property. Right when we moved in we noticed an incredibly bright light faced directly onto my backyard, but also right into my bedroom slider. Unfortunately, we spoke to the neighbor about it and in a nutshell they won’t do anything about it. I purchased plantation shutters on the window ( kinda expensive) and now I can’t even open my window or slider in the room due to the bright flood light that hits our bedroom!

Today I was looking out my kitchen window into the yard and I saw this peeping Tom looking over our fence area into our yard. oddly as it is the neighbors fence is up a slight incline so the have a higher view of our lower yard. The weird part is this person has a faux lattice on the upper 1/3 of her fence leaving the bottom 2/3rd open to look out and flood the area with her light.

Our CCR’s don’t really address this. I know its not an HOA issue, but is it a realistic request to put a privacy screen along the bottom of this fence, it backs up to a service ara ( telephone and electrical) so it is accessible. A 5 x 6 foot faux lattice or screen on the opposite side facing the service area would help this. There are not HOA guidelines for fence/ privacy issues, but it is a reasonable request?

LetA (Nevada)
Posts: 2,679

Posted:

Kerry and Max are great with CA HOA's I would look at your CC&R's for backyard lighting, nuisances etc. In the meantime, get a video camera like an Arlo that you can stick in your window inconspicuously and watch their spotlight, not into their windows tho.
Keep some documentation. Talk with your board president and community manager with your concern. If the spotlight goes against ARC guidelines, they will be asked to remove it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why not simply go to the ACC or the board to request the addition? They are the one's that will have to approve it or not. Also it may be you that think they are looking in and not the situation at all. You did state they use the light to view their backyard area. It just happens to also veer into your area.

My opinion is unless I am doing something illegal, I am sure if they see this fat old lady naked enough, they will stop wanting to view into any of my windows...

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

I believe that in many places, a peeping Tom would be handled by the police - it's against the law. If this is the case, then the HOA would not get involved since they have no authority to enforce laws. (This will depend how your local laws define "peeping Tom". If the person is only looking in your yard but not in your windows, that may not qualify.)

It's also possible that this behavior may be considered a nuisance. Unfortunately, nuisance restrictions in the CC&Rs are often vague, which makes them hard to enforce.

In any case, you'll need proof that this is actually happening in order to get anyone to deal with it. If it were me, I'd try to get video of the guy looking over the fence. Or I'd ask my neighbors if they've observed similar things around their homes. HOAs have to be careful since a peeping Tom may have a mental or psychological disability (not just garden variety rudeness), which raises the possibility of a Fair Housing issue. If I were on the board, once I'd seen reasonable evidence that this was happening, I'd be asking the association attorney for guidance to make sure the HOA is complying with the law.

(Related topic: drones. They can be used to spy on others, among other things. There are often local laws governing how drones may be used, but our attorney also recommends that their clients enact a drone-usage policy for the community. This is especially important in condo communities where buildings are close together and safely piloting a drone can be more difficult.)

MichaelT21 (Arkansas)
Posts: 200

Posted:

It my state, anything visible to a telephone lineman is fair game for observation or photography.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Plant some dense evergreen shrubs or trees

vis ta vie

JeanneH3 (North Carolina)
Posts: 158

Posted:

It's called light trespass when glaring lights trespass onto your property and keep you from enjoy your own space.

Here are a few web sites that discuss the legal nuisance of light trespass:

https://www.nolo.com/legal-encyclopedia/dealing-with-light-pollution-from-neighbor.html

https://wsvn.com/news/help-me-howard/can-a-neighbor-shine-spotlights-into-your-home/

MY evil twin thinks it would be great to install a motion sensor water sprayer aimed at where the neighbor is peeping over the fence. Installing a parabolic mirror or two aiming the spotlight right back at them sounds appealing. Or calling the police as the home owner in the second link did. Planting a row of Burford hollies along the open lattice area would work, too.

CathyA3 (Ohio)
Posts: 6,299

Posted:

My community replaced all of our street lights with LEDs, which are great unless they're ten feet away from your bedroom window. I had to install black out drapes if I wanted to be able to sleep.

Light pollution is a thing. Safety concerns are another. Not a simple issue...

BillD16 (Texas)
Posts: 973

Posted:

Quote:

Posted By JeanneH3 on 02/22/2023 5:04 AM
It's called light trespass when glaring lights trespass onto your property and keep you from enjoy your own space.

Here are a few web sites that discuss the legal nuisance of light trespass:

https://www.nolo.com/legal-encyclopedia/dealing-with-light-pollution-from-neighbor.html

https://wsvn.com/news/help-me-howard/can-a-neighbor-shine-spotlights-into-your-home/

MY evil twin thinks it would be great to install a motion sensor water sprayer aimed at where the neighbor is peeping over the fence. Installing a parabolic mirror or two aiming the spotlight right back at them sounds appealing. Or calling the police as the home owner in the second link did. Planting a row of Burford hollies along the open lattice area would work, too.

Heh, I like the way your evil twin thinks! I'll add "paying a couple of local kids with BB guns to play target practice" - NO, DON'T DO THAT!

Seriously, though: I'm not quite sure I'm accurately visualizing the area but in any event, I'd advise

a) Find out what your HOA / ACC has to say about obnoxious lighting and building a privacy fence in your back yard.
b) There's a telephone / electrical utility box in your yard? Be mindful of utility easements.
c) If you or the HOA won't do anything about the obnoxious lights - and it is completely understandable that you may not want to bring the HOA or anyone else into a potential conflict with a neighbor - then
d) Get ACC authorization if necessary and
e) Build a privacy barrier.

I built one several years back simply because I've got several utility boxes in my yard and I'd like to not always be looking at them.

If you live somewhere with 'interesting' weather, make sure you build it sturdy so that it will survive the wind and rain and other elements of nature.

On a personal note: I'm not a huge fan of the entire HOA system, and about the only part of it I like is assisting people in "the quiet and peaceful enjoyment of their home". Alas, in my experience, that's often where the HOA finds itself powerless and unhelpful. It bugs me.

Good luck!

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here