Interesting article on HOA lawsuit concerning environmental issues

Started by SheliaH • 5 replies • 184 views

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SheliaH (Indiana)
Posts: 6,964

Posted:

This one involves the installation (or not) of sea walls vs. natural erosion of the shoreline - I'd love to see what the California posters think.. I suspect this issue isn't just limited to California or even shorelines, as there have been skirmishes in this state about overdevelopment of the forests

https://thehill.com/homenews/state-watch/4411877-how-a-homeowners-association-lawsuit-could-shape-the-future-of-the-california-coast/

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ElleN (Idaho)
Posts: 4,420

Posted:

Weather patterns have radically changed and are more devastating. There is no question that the law will evolve such that homeowners have far less rights than in the past. As the line goes, the issue is existential.

The HOA in question may win this one. But this is one battle in the great war of the well-funded minority vs societal needs.

JoeN6 (Virginia)
Posts: 94

Posted:

They ( the hill) probably pushed for the sea wall bc of it being way cheaper than an offshore breakwater which “ calms” the waves so they dissipate to a little ripple against the sandy beach

DeanJ
Posts: 1,786

Posted:

This issue alongside a push by Senator Rand Paul (R-KY) to remove coastal residential properties eligibility for flood insurance.

https://thehill.com/homenews/state-watch/4411877-how-a-homeowners-association-lawsuit-could-shape-the-future-of-the-california-coast/

TerriS6 (California)
Posts: 3,284

Posted:

The CA Public Resources Code allows seawalls. The Coastal Commission adopted an absurd ruling, that it would be better if the homeowners eventually had to move their buildings if the erosion got too bad. I think the HOA is going to win this one. The takings claim seems to be valid too. Better not to buy a house built on sand in the first place.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 01/23/2024 10:34 AM
The CA Public Resources Code allows seawalls. The Coastal Commission adopted an absurd ruling, that it would be better if the homeowners eventually had to move their buildings if the erosion got too bad. I think the HOA is going to win this one. The takings claim seems to be valid too. Better not to buy a house built on sand in the first place.

The beach where they want to build the sea wall is public and concern over sea walls degrading the beaches. That’s the sticking issue. To cure that issue, the private property owners proposed improvements such as stalling trails and park benches.

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