Shedding Light on the Subject
Local government and community association restrictions on outdoor lighting.
— By Lauren C. Olson, Esq., JD, MBA —
have exterior lighting standards that preserve and enhance the view of the dark sky and promote health, safety, and security. For example, in the City of Seattle, when nonconforming exterior lighting is installed or replaced, new lighting must conform to the requirements of the light and glare standards of the building’s respective zone. See SMC 23.42.124. In multifamily zoned areas (which includes condominiums) exterior lighting shall be shielded and directed away from adjacent properties and interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties. See SMC 23.45.534.
Glare and Light Trespass
With respect to associations, two components of exterior lighting which are of most concern are glare and light trespass. Governing documents may or may not specifically address outdoor lighting (outside of holiday display lighting) but often contain language that addresses nuisances. Exterior lights can be categorized as a nuisance if they are excessively bright or shine into a neighboring property.
T
his article discusses regulation of exterior lighting, what elements of exterior lighting
restrictions typically cover, and how associations should respond to complaints about outdoor lighting.
Exterior lighting standards or best practices should be integrated into your association’s previously adopted governing documents. However, there is not a one-size-fits- all approach for lighting. Board members and managers are encouraged to review their governing documents to ascertain what current restrictions exist in their governing documents and the proper enforcement procedures to utilize should a concern arise. If you have questions regarding interpretation of your association’s governing documents or how your governing documents can be amended, you should contact your association’s attorney.
ACC and IDA Approval
Most governing documents require or should require Architectural Control Committee (“ACC”) approval for exterior lighting. When making ACC determinations, I would encourage boards to consider the International Dark-Sky Association (“IDA”) exterior lighting guidelines. The IDA provides excellent information on how to reduce light pollution and light trespass. Local governments may also
Safety concerns should be balanced against aesthetic and nuisance considerations.
Determining whether exterior lighting is a nuisance requires balancing “the rights, interests and convenience” unique to the specific scenario. Even exterior lighting that otherwise complies with local government regulations may be a nuisance if it unreasonably interferes with a neighbor’s use and enjoyment of his or her property. MJD Properties, LLC v. Haley, 189 Wn. App. 963, 358 P.3d 476 (2015).
Liabilities of Inadequate Lighting
Associations also have to balance safety concerns. There is a seminal case in which an association was held responsible for the safety risks and subsequent damages that resulted from failure to provide exterior safety lighting. See Frances T. v. Vill. Green Owners Assn., 42 Cal. 3d 490, 498, 723 P.2d 573 (1986). From that point forward, associations have placed a greater emphasis on having adequate lighting to ensure safety.
Whatever the case, it is critical that the association’s regulations are properly documented and consistently enforced and take into consideration local municipal ordinances and state codes that apply to outdoor lights.
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