Porch Lights - Richardson & Harman, PC

HOA Blog : Common Area Issues

Porch Lights

October 7, 2008 • By Kelly G. Richardson

Dear Mr. Richardson:

Our Board stated in a recent meeting that there have been complaints about outdated front porch light fixtures. We were advised that because the front porch light fixture is for the exclusive use, and controlled by the condominium unit homeowner and that if the Board approves new light fixtures, each individual homeowner would have to pay for them. Several of us feel that if any mandatory expense of this sort is required, then the Association should pay for it from existing funds. If they cannot come up with the money now then they should wait until they can afford the expense.

Some homeowners do not see any problem with the current fixtures and prefer to wait until the fixtures wear out and need replacement. The Board's main concern is that several homeowners have replaced their fixture with different ones because the original fixture is no longer available due to the age of our complex. The Board states that if they do not approve a specific light fixture now and all homeowners change over to it at the same time, the complex will eventually end up with a variety of different light fixtures throughout the complex and not be attractive.

This is where we now stand on this matter. I would certainly appreciate obtaining any advise you can offer regarding this problem.

Thank you, P.F., Fullerton

Dear P.F.:

Unless your governing documents state otherwise, those porch lights are exclusive use common area as defined in Civil Code Section 1351. Under Civil Code 1364, exclusive use common area is to be maintained by the member and repaired by the association, unless the governing documents state otherwise.

Porchlights, front doors and garage doors are often a problem in exactly the way you describe. The board normally has the power to decide issues on the exterior of homes, and can set architectural standards and rules. However, the cost issue presents a dilemma: If the board replaces the item on an as-needed basis, then there will be inconsistent until the last unit's item is replaced. On the other hand, if the association replaces all of the items at once, the expense and undertaking may be significant and perhaps even disruptive to the entire association.

As to the cost, there is no “they”. The association is you, and you are the association. If the association spends money it has accumulated, you contributed to that accumulation. If it does not have the money, and needs to take action, it will specially assess you for the funds. So, whether the association pays for it or not, if a new light is to be installed, you are paying for it. It is easy to think of the association as a “them” instead of “us”, but is really is “our community” and “our money”.

Hope this is helpful,

Kelly

Kelly G. Richardson is the Managing Partner of Richardson & Harman PC, a California law firm known for real estate and community association advice.Direct questions to KRichardson@RH4Law.com. For past columns, visit http://www.hoahomefront.com/. All rights reserved®.

Visitor Comments (1)

Porch Light, "Maintaned by the Member"

Posted By JAMESHOA on December 28, 2008

This sounds risky if it Implies that the Member must change the Light Bulb which seems like "Maintance". Ours are old & have 2 small Screws holding the Top on, tricky at times.
Then some would need to use a Stool or Ladder, increasing the Risk.

Maintance or Repair?

But if the Wiring between the Indoor Switch & Light Fixture needed Repairing, the Member would have to pay for the Electrician, right?

But if the Fixture was Damaged by the Tenant or Member while moving In or Out, "Repairs" would certainly be paid for by the Member, not the HOA, right?