View Issues

Started by KristineW1 • 7 replies • 1545 views

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KristineW1 (Washington)
Posts: 4

Posted:

Hello,

We have language in our CC&Rs (not the bylaws)pertaining to the preservation of views. Basically it states that you will maintain the height of your trees on your lot so that they don't impede on the view of your neighbor. The cost of the maintenance of the trees is on the shoulders of the tree owner.

We currently have a litigation against the Board and the Association because of a vacant lot owner not keeping their trees maintained. The member who is suing states that the Board did not do enforce the CC&R's when requested to assist between neighbors, therefore his view is not fully restored. He actually sued the lot owner (they did a marginal job) and then sued the Board bcuz they did not enforce the CC&R's and protect his view rights. This litigation has been going on for two years now.

There are a couple of other Members who are requesting trees to be taken down or trimmed....but the Tree's owner states that they were legally advised that they should not do anything to maintain their trees until the litigation between the other Member and the Board is final. Does that make sense? The Members are getting mad and I believe they will sue, now we will have 3 lawsuits vs. 1.

Any body else dealing with "view" issues? Any feedback re: resolution?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

..........maintain the height of your trees on your lot so that they don't impede on the view of your neighbor.

So you want your neighborhood to look like this?

none

Quote:

but the Tree's owner states that they were legally advised that they should not do anything to maintain their trees until the litigation between the other Member and the Board is final.

I would do the same thing. Nothing. He is betting the judge wont try to enforce limiting trees growing up, which is an act of nature. I doubt the judge will rule in the angry neighbor's favor and if he cuts them down now, he may have to pay lawyer fees for the HOA and the neighbor.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Too funny Steve ... have to admit that is about exactly what entered my mind as I was reading here.

KristineW1 (Washington)
Posts: 4

Posted:

Interesting....

This development is on the side of a mountain with views north to the ocean (strait of san juan de fuca)....all lots were clear cut and then sold. The CC&R's speak to each lot having the right to their view. Being that each house above is dependent on the cooperation of their down hill neighbor, it is becoming quite sticky for several lot owners. Some folks dislike one another, etc. The 2nd growth trees have grown from 8 ft in the 90's to 40ft-60ft and over in some cases.

These lots are very pricy because of the views. You can buy many lots with trees for 1/4th the cost. The developer is being deposed to speak about his "intention" when he wrote the CC&R's with the view preservation included. Personally I love trees, but I purchased this lot and built a home for the views first and nature 2nd.

We are watching our very small neighboorhood & HOA of 22 lots/homes....become fragmented over this situation. Thankfully I purchased HOA Insurance when I was treasurer in 2003 and it has been renewed each year...so our Members are not being drained financially from this litigation.

Any final thoughts?

Thanks for your input thus far....

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Kristine:

Unfortunately there are a few HOA's that end up having this same issue. Someone implements an HOA with certain rules and do not consider what happens down the road. For those with views especially a new development the best course of action would be to make a list of trees that only grow to a certain height for the area. This would insure in the future the view is always hopefully protected.

Your HOA could make such a list for future tree planting, but this does not help with the HUGE trees currently planted.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Thankfully I purchased HOA Insurance when I was treasurer in 2003 and it has been renewed each year...so our Members are not being drained financially from this litigation.

Funny thing about HOA insurance..... you make 1 claim.... they pay, then they decide not to do business with you anymore. Kinda funny how that works.

KristineW1 (Washington)
Posts: 4

Posted:

JanetB2 - this is a great idea. Will discuss it with other members. Thanks!

MaryA1 (Arizona)
Posts: 388

Posted:

Kristine,

Since your CCRs have definite language to protect views then it is the duty of the BOD to issue violation notices to any member who violates this provision. Since the assn is already embroiled in a "view" lawsuit, IMO, they should seek legal advice on how to deal with any new "view" violations that come up.

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