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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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Our Ca HOA is asking us to take out our lights we installed

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Our Ca HOA is asking us to take out our lights we installed on our deck steps out to our lot. They say they are too bright. I have diabetic neuropathy and can't feel my feet. My husband installed first class LED lights on our steps so I won't fall. Can they make me remove them? The HOA only refers to security lights being too bright not safety lights. We live in TAhoe Donner in Truckee where there are no fences allowed. Please advise.. Joan Sequeira

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

Yes, they can make you remove them, which is why you need to request a variance from your HOA.

BizAttorney :

You need to note your disability in your variance request and state why you need the light to be brighter than normal.

BizAttorney :

The request will then go before the board and be heard. You may have to attend a meeting in order to discuss your request.

BizAttorney :

They may have your neighbors sign off and approve your request.

BizAttorney :

If for some reason the board does NOT approve your variance request, then you can bring a suit for injunctive relief in Superior Court.

BizAttorney :

That will give the Court the opportunity to review the HOA Board's decision and make a better one.

BizAttorney :

Does that make sense? Do you have any additional questions?

Customer:

No. That's what I will do. Thank you.

BizAttorney :

You are very welcome!

BizAttorney :

Good luck and focus as much on your disability as you can.

BizAttorney :

That will help you convince the Board.

BizAttorney :

Have a good night and please leave me feedback before you go. Take care.

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