Brighton Forest: A Better Neighborhood, Together

An update for our neighbors

Turning your support into action that benefits your community.

We want to thank you all for the outpouring of support we received after sharing our story about suing the HOA. It has meant more to us than you could imagine.

We've spent a lot of time since then thinking about how to turn that support into something actionable that improves the experience of living in Brighton Forest for the whole community, and not just our household.

What we heard is a theme across many of the responses: a lack of consistency in the assessment and application of our covenants and guidelines, and a lack of transparency and accountability overseeing board operations and conduct.

This is exactly why we need clear rules.

While this is a perfectly valid opinion, consider an individual on the board willing to deny your legal rights because they personally dislike solar panels. Under North Carolina law, an HOA can't use general aesthetic objections to override a homeowner's right to install solar. But that doesn't stop an unaccountable board from trying when anything they find unappealing becomes fair game.

Vague language doesn't help homeowners. It only helps a board or committee member who wants to impose their personal preferences on everyone else. That's why we want to update the guidelines so homeowners have clear guidance, and so no one on the board can bend the rules or the law to suit themselves.

See the proposed changes →

A small example

What does whenever possible actually mean? And who decides what is and isn't possible?

The current ARC guidelines lean on hedging phrases like whenever possible and as inconspicuously as possible, leaving every decision to the reviewer's reading of the day. Two neighbors with the same project can get two different answers. That isn't anyone's fault. It's the language. Here's the kind of change we're proposing.

Current language: Brighton Forest ARC, Solar Collectors

"Solar collectors must be installed as inconspicuously as possible. Whenever possible, collectors should be placed on the rear of the home or on the side that has the least public exposure… Every effort must be taken to camouflage the plumbing and supports of the collectors, which may require completely encasing the collectors."

Vague and restrictive. "As inconspicuously as possible" and "whenever possible" are decided by the reviewer, and a rule that can require hiding or "completely encasing" panels can conflict with NC solar access law.

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Proposed language

"Homeowners may install solar collectors in the location needed for effective solar access. Consistent with N.C.G.S. § 22B-20, the Association may regulate only the location or screening of collectors, and only where doing so does not prevent their reasonable use or reduce their energy output."

Clear and lawful. Tracks North Carolina's solar access law, so every homeowner gets the same answer. The review process stays in place.

Help us
keep our home.

Turning your support into action that benefits your community.

This is exactly why we need clear rules.

What does whenever possible actually mean? And who decides what is and isn't possible?

The HOA works for us. Let's help it work better.