Undue burden Covenant

This forum has been an excellent place to get different views on an opinion. Once again I seek the same.

We have covenant formed in 1963 and some of the clause that were written were for maintaining the view of the houses in the community, as clearly stated in the CC&R. The community has essentially three lanes on a hill side. The top 2 lanes still enjoy the view. The bottom lane has barely any to none. But has to share the burden of maintaining the view for others when can not enjoy any of there own.

The communities outside of this community do not have such rules and sit between the lake and us. they have trees which block our view and eventually over time may take away view of lot of lots on other street above us.

The covenants suggest they need majority vote to amend clause, but since the affected party for undue burden is just around 1/5 to 1/4 of the community can we appeal?

Please suggest what could be possible.

Yes it is very clearly stated in CC&R that we need majority. But is there a clause in WA law which may help in circumstances of undue burden is what we are looking for.

MC,

If I understand this correctly, some homes between yours and the lake are within your development (and CC&R's) but those homes that sit on the edge of the lake are not and it is their trees that block your views.

Purchasing a "view lot" is always risky because your control usually ends at your property line. Normally, there is no legal right to a view across someone else's property. Your CC&R's seem to give some rights to a view, but that right ends at the boundaries of your development. Those who are not a part of your development have no obligation to abide by your CC&R's.

This is not a problem unique to your neighborhood. Neighbors where I live in Phoenix sue to maintain a view and they routinely loose their lawsuits. In my association in rural northern Arizona we had one hysterical owner who was screaming that his constitutional rights had been violated because someone six miles away was going to build a cement plant that would be visible from his place.

It is not clear just what your objective is to amend your CC&R's. What do you wish to accomplish?

I understand that some members get more advantages than the others. That is the nature of an association. Everyone pays for the pool and tennis court even though only a few use either. The remedy is to buy elsewhere if you cannot live the terms.

Sorry for the confusion.

So the lots at the bottom street have maintain the trees on the property at 15 ft as per the covenant. But they do not have the view. Totally understand there is no control over the properties that do not belong in the covenant. We are not looking to pursue with anybody to chop the trees for view.

We are trying to find if we can amend the clause which is in regards restricting the tree height without getting majority based on undue burden.

MC6

I think you are really "reaching" but there are scumbag lawyers that will take anything on for billable hours.