Homeowner Faces Foreclosure For Irking Her Neighbors
By: Gerri L. Elder
An Arizona woman may face foreclosure without ever missing a mortgage payment. It turns out, that it is not the bank that wants to evict her from her home.
Homeowners associations can be very strict about their rules. After all, the rules are in place to insure that all of the homeowners in the community adhere to the association's requirements that keep home values intact, make the neighborhood pleasant for everyone and make it a desirable place to live. When a homeowner breaks the rules, it is up to the homeowners association to see that the situation is corrected so it does not cause an issue with the other homeowners.
In Scottsdale, Arizona, the Scottsdale Mountain Community Association was made aware in November 2005 that one of their homeowners, Sandra Shelton, was causing a problem. The issue was that Shelton had added a light to the back of her home that her neighbors say is too bright.
Shelton already had two outside lights, however in November 2005 she added a third light that shines on her backyard. She says that the light was added in the interests of her daughter's safety.
The Scottsdale Mountain neighborhood is an exclusive and isolated community located at the south end of the McDowell Mountains. The residents of the neighborhood are used to being away from the bright lights and noises of the city and they intend to keep the community dark and quiet.
The Arizona Republic reports that Shelton's neighbors, Joe and Elayne Reichbach, who live 100 yards across an arroyo from Shelton's home say that they can not deal with the light coming from her home. The Reichbach's moved into another bedroom in their home and complained to the homeowners association.
The Scottsdale Mountain Community Association decided that Shelton's lights are a problem and have caused a nuisance in the community and so they ordered her to turn them off.
Shelton has refused to remove the lighting because she says that the lights and her security system are in place to protect her 45-year-old daughter from a stalker.
So this dispute has continued since November 2005, with neither party yielding. However, the homeowners association my have the final word in the matter, as they now wish to initiate foreclosure on Shelton's home because she has not paid the fines they have imposed on her for annoying her neighbors with the security lights at her home.
Shelton tells the Arizona Republic that she has replaced her security system two times already and has had the lights angled downward and encased so that the light is shielded. This has not satisfied the homeowners association though, and in 2006 they sued her for payment of the fines that have been racking up at a rate of $50 per day.
In court, Shelton agreed that her lights were bright, but her lawyer argued that the association does not have rules regarding exterior lights. The lawyer for the association countered that the rules don't excluded exterior lighting.
Shelton offered to buy drapes and blinds for her neighbors so that the lights would not bother them. The Reichbach's declined her offer because they say that they love to wake up to the spectacular view of the mountains and sunrise through their giant bedroom windows.
The homeowners association now apparently wants Shelton out because she will not abide by what they say are their rules. They have asked the judge in the case to place a lien on Shelton's property because she has not paid the $30,000 in fines that she owes. The judge has not yet decided on the case, but if the lien is placed on the home the association will proceed with foreclosure on the property.
Shelton has already spent $50,000 in legal fees because of her security lights, and they are still shining brightly. One way or another, the Scottsdale Mountain Community Association wants to turn Shelton's lights off. If they must foreclose on the property to have darkness once again, they are willing to go that route.