MOORESVILLE, N.C. — A Mooresville man risks getting fined $100 a day from his homeowners association for his backyard lights. It's something he said has not been a problem, so he reached out to WCNC Charlotte hoping to get answers.
After retiring from the U.S. Airforce, Rick Goforth put his time elsewhere. He has spent years building his dream backyard at his Mooresville home. He's added an outdoor grill, a firepit and most recently posts and lights.
Goforth had to get approval from the home to create the extended patio.
"It’s been here since 2017 and I have the letter which shows permission to build it," Goforth told WCNC Charlotte.
After two years of having the lights in place, Goforth received a letter from the HOA.
“I got my first of four letters that said I’m in violation for having these lights," Goforth said.
The letter states that there was an issue with the exterior lighting. It says Goforth had to get approval from the HOA and the light couldn't result in excessive glare or interfere with anyone's privacy. If the lights stay up, the HOA said it will impose a $100-a-day fine.
"That's $3,000 a month," Goforth said, adding that the HOA letter left him confused for several reasons.
"They are very low voltage lights," Goforth said. "I asked neighbors on both sides if the lights bother them and they say absolutely not.”
Goforth told WCNC Charlotte's Austin Walker he's not the only one with these types of lights. He said seven other neighbors had these lights and none of them received fines or letters from the HOA.
The HOA sent WCNC Charlotte the following statement:
"In NC before a homeowner can be fined for a violation a hearing must be called. A hearing is an opportunity for an owner to come before the Board of Directors and speak more on the matter. A hearing has been called tomorrow morning at 10:15 am, at that time the board will determine a decision. There have been no fines assessed at this time. These are restrictions noted in the recorded Covenants, Conditions, and Restrictions and in the Architectural and Landscape Guidelines for the community. I cannot specifically speak to other violations, but if witnessed in the past they have been addressed by the Board."
“I am a rules-following person ... especially in the military you had to follow the rules," Goforth said.
It's a common problem Attorney Ben Karb said people run into with HOAs.
"It really comes down to what the documents say," Karb said, meaning that people who move into an HOA community have to follow the HOA guidelines.
He means when you move to an HOA community, you have to follow HOA guidelines.
But Goforth is wondering why other homes have similar lights hung outside but have not been subject to possible HOA fines.
"You can't pick and choose how you enforce laws."
Contact Austin Walker at awalker@wcnc.com and follow him on Facebook, X and Instagram.