Trees Obstructing Sight Lines

We are a community of 108 units in Arizona. There are 27 two-story buildings with 4 units in each building. One of the 2nd floor owners is complaining that a tree from his neighbor's back yard is obstructing his view of the mountain 24 miles away.

Section 4.10 of our CC&R's are reading as follows:
4.10 Fences, Interference and Obstructions. No fence, wall, hedge, shrub or other plant which obstructs sight lines at elevations between two (2) feet and six (6) feet above grade shall be permitted on any Unit or Common Element. No tree shall be permitted to remain within such area unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines.

1. What is the proper interpretation of this paragraph?
2. What is the sight lines at elevation between two and six feet above grade?
3. Would section 4.10 apply to the problem described above?

Any help in sorting this out will be appreciated.
Anders Hellstrom
Former Board Member

It appears the foliage limitation is limited to a scope of height; it's clearly NOT foliage 6 feet and higher above grade. Honestly it appears that foliage taller than Grade + 6 feet is within compliance.

Thanks for your comments.
The tree is in the patio/yard area of the downstairs condo owner.
The second floor condo owner is sitting on his deck, which is above part of the patio area of the downstairs neighbor. Before the tree had grown to its present height, the upstairs owner could see the whole valley and the mountain 24 miles away. Now his view is obstructed by the tree right in front of his deck. I checked the tree this morning and the top of the tree is about 6 feet above the floor of the deck. I hope this will clarify the situation.
Anders

I see the issue now.....that tree's growth to block the second story is unfortunate. Courtesy (which isn't legally binding) would suggest a tree trimming/topping to restore the view.