Light bulb feud sparks $80,000 in fines, fees

[one...two...tree 2,762]

Carol Sowers

The Arizona Republic

Sandra Shelton, a spirited 67-year-old widow of Scottsdale, has wrangled with her homeowners' association for more than two years over what she calls her "$80,000 light bulb."

Shelton smiles when she says it.

But she's not laughing.

She faces more than $30,000 in unpaid fines, and another $50,000 in legal costs, after she was sued for a bright light that shines in her backyard.

The feud started in November 2005 when Shelton - afraid for her daughter's life - added a third security light to the back of her home in the swank Scottsdale Mountain neighborhood, overlooking the Mayo Clinic near 136th Street and Shea Boulevard.

It's an isolated community at the south end of the McDowell Mountains where the desert night is relatively undisturbed by the Valley's city lights.

Joe and Elayne Reichbach said their bedroom once was comfortably dark despite a wall-sized window.

"We had no idea the (first two) lights were there (until) 2005," Reichbach said. "Now, they are on all the time."

Neighbors say light is blinding

The Reichbach's live 100 yards across an arroyo from Shelton's home.

But even at that distance, they say the lights from Shelton's security system are intolerable.

"I've had to move to another bedroom in the house," Elayne Reichbach said.

The Reichbach's complained to the Scottsdale Mountain Community Association, which oversees the rules in their exclusive north Scottsdale community.

The association agrees with the Reichbach's. Members call Shelton's system "a nuisance."

But Shelton calls it a "matter-of-life and death."

She says the lights and cameras are vital to protecting her 45-year-old daughter from a stalker.

The association ordered Shelton to shut off the lights.

She refused.

With no settlement in sight, the association in April 2006 began fining Shelton $50 a day.

So far, the fines have grown to more than $30,000 - and the lights are still on.

Shelton says she has replaced the system twice, angling the lights downward and encasing them to shield the light.

"I have done everything possible to appease the (association) board," she said.

Impatient with the pace of the feud, the association sued Shelton in 2006 for refusing to pay her fines.

Foreclosure is association goal

The suit asks Maricopa County Superior Court Judge Robert Houser to slap a lien on Shelton's house. The association intends to foreclose on it.

During a day-long trial in January, Rodney Knight, the association's lawyer, told Houser the battle has lingered too long.

"The lights are still on," Knight said.

Ivy Kushner, Shelton's lawyer, told Houser there are no association rules on exterior lights.

Knight shot back: The rules "didn't exclude lighting."

On the witness stand, Shelton told Knight, "You have been hounding, and hounding me."

Knight asked her why she hadn't turned off the lights.

"Because I was afraid my daughter would be murdered," Shelton said.

Still, Shelton admitted on the stand that she had agreed that her lights "were bright." She had been to the Reichbach's home last year during a meeting with association officials.

After that meeting, Shelton had the lights re-positioned. She offered to buy the Reichbach's drapes and blinds for their bedroom window.

Desire for spectacular sunrises

The Reichbach's refused, saying they wanted to wake up to the sunrise and spectacular mountain views through their huge bedroom window.

"The beauty of living in Scottsdale Mountain is watching the sun come up," Joe Reichbach said.

Two electricians, who re-configured Shelton's security system, testified that the Reichbach's would notice the lights. But because they are angled downward, they should not shine directly into the bedroom from 100 yards across an arroyo.

Joe Reichbach disagrees. He said the modifications didn't help: "We can't sleep."

Judge Houser has yet to rule in the case. But he gave the parties this warning: "This is going to cost someone a lot of money. I urge you to settle."

http://www.azcentral.com/community/scottsd...eud0207-ON.html

[almaty 19]

Shine on, Sandra Shelton, shine on..

[Ban Hammer 13,346]

exactly why i will never live in a place that has a homeowner's association.

[almaty 19]

they sound like commies

[AnewKINDofFEELIN 0]

A light is a matter of life and death? I think somebody may be exhaggerating. Maybe her 45 year old daughter could move away from said stalker. Just a thought.

That said, this sounds like the work for a pellet gun.

[almaty 19]

A light is a matter of life and death? I think somebody may be exhaggerating. Maybe her 45 year old daughter could move away from said stalker. Just a thought.

That said, this sounds like the work for a pellet gun.

i totally agree with you.....if i lived there..that light been out many moons ago

[one...two...tree 2,762]

A light is a matter of life and death? I think somebody may be exhaggerating. Maybe her 45 year old daughter could move away from said stalker. Just a thought.

That said, this sounds like the work for a pellet gun.

No kidding. There's plenty of less invasive things she could do and I'd say the best thing would be to get a guard dog.

There's got to be middle ground though when it comes to outside lights. I can't imagine that she wouldn't be allowed to ever have a light on outside. A reasonable compromise would be to have motion sensors with a timer to turn them off so they aren't on all the time.

[Ban Hammer 13,346]

A light is a matter of life and death? I think somebody may be exhaggerating. Maybe her 45 year old daughter could move away from said stalker. Just a thought.

That said, this sounds like the work for a pellet gun.

No kidding. There's plenty of less invasive things she could do and I'd say the best thing would be to get a guard dog.

There's got to be middle ground though when it comes to outside lights. I can't imagine that she wouldn't be allowed to ever have a light on outside. A reasonable compromise would be to have motion sensors with a timer to turn them off so they aren't on all the time.

then someone would beach about the dog......

yes, i despise homeowner's associations. someone's always a little hitler in them.

[Aymerlu 3]

People have too much time on their hands. Get some new blinds and deal with it.

[one...two...tree 2,762]

A light is a matter of life and death? I think somebody may be exhaggerating. Maybe her 45 year old daughter could move away from said stalker. Just a thought.

That said, this sounds like the work for a pellet gun.

No kidding. There's plenty of less invasive things she could do and I'd say the best thing would be to get a guard dog.

There's got to be middle ground though when it comes to outside lights. I can't imagine that she wouldn't be allowed to ever have a light on outside. A reasonable compromise would be to have motion sensors with a timer to turn them off so they aren't on all the time.

then someone would beach about the dog......

yes, i despise homeowner's associations. someone's always a little hitler in them.

I despise them too, but in this case, the other homeowners have a point. It's the age old struggle between one individual's rights vs. the rights of others.

[w¡n9Nµ7 §£@¥€r 123]

You know, I've never had trouble with my HOA.

But then again, I've never had trouble with my cable company, my medical insurance provider or even USCIS......

[DeadPoolX 9]

A light is a matter of life and death? I think somebody may be exhaggerating. Maybe her 45 year old daughter could move away from said stalker. Just a thought.

That said, this sounds like the work for a pellet gun.

No kidding. There's plenty of less invasive things she could do and I'd say the best thing would be to get a guard dog.

There's got to be middle ground though when it comes to outside lights. I can't imagine that she wouldn't be allowed to ever have a light on outside. A reasonable compromise would be to have motion sensors with a timer to turn them off so they aren't on all the time.

then someone would beach about the dog......

yes, i despise homeowner's associations. someone's always a little hitler in them.

I despise them too, but in this case, the other homeowners have a point. It's the age old struggle between one individual's rights vs. the rights of others.

Yeah, but... lights are a far cry from using a chainsaw at three o'clock in the morning. Granted, that's an extreme example, but the point is that lights aren't noisy and are only really visible at night -- a time when people are supposedly preoccupied (i.e. spending time together, going out doing things, sexual activity, sleep, etc), so it shouldn't be a problem. If someone has enough time on their hands to notice lights on someone else's house (assuming the lights in question aren't glaringly tacky, such as bright blue-and-pink lights that flicker on-and-off, accented with glow-in-the-dark flamingos), then maybe they need to do something to keep themselves entertained and out of other people's business.

[AnewKINDofFEELIN 0]

Yeah, but... lights are a far cry from using a chainsaw at three o'clock in the morning. Granted, that's an extreme example, but the point is that lights aren't noisy and are only really visible at night -- a time when people are supposedly preoccupied (i.e. spending time together, going out doing things, sexual activity, sleep, etc), so it shouldn't be a problem. If someone has enough time on their hands to notice lights on someone else's house (assuming the lights in question aren't glaringly tacky, such as bright blue-and-pink lights that flicker on-and-off, accented with glow-in-the-dark flamingos), then maybe they need to do something to keep themselves entertained and out of other people's business.

The problem seems to be that the lights are obscenely bright and are illuminating the neighbors houses at night when they're trying to sleep.

[one...two...tree 2,762]

The problem seems to be that the lights are obscenely bright and are illuminating the neighbors houses at night when they're trying to sleep.

I remember a similar situation a few years ago, it was over a high school football field being built right behind a neighborhood. There was some kind of compromise reached.

I've seen some obscenely bright security lights on houses before. The light can be pretty intrusive to the neighbors.

This situation calls for an arbitrator - someone who is neutral to determine whether the lights are intrusive or not.

[eric&gen 0]

My neighbors leave there porch light on 24/7 for a long time till now it would brighten up our bedroom at night i wanted to say something to them or sneak over and break the light bulb lol. I cant understand why they do stupid things runs up electric bill.

Edited February 7, 2008 by evdogg412