JeanneK1 (Arizona)
Posts: 2
Posts: 2
Posted:
One of our homeowners is requesting to build an extension onto their home. The neighbor does not want this as it will block view. What can we do as an association to prevent this from happening?
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Building without Permission of Board
Started by JeanneK1 ⢠8 replies ⢠2083 views
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RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Jeanne, your architectural review committee (ARC) has the option to turn down their request to modify the exterior of their property. There should to be a justifiable reason to not approve their request. Part of ARC justification could be a significant blocking of views but that should be carefully evaluated.
HaroldS (Arizona)
Posts: 906
Posts: 906
Posted:
Blocking of views? Where in the CC&Rs is it defined that any lot has the right to a "view" in perpetuity? We have two story homes mixed in with our one story homes. Many of those two story homes block a "view" from a single family home next to it or behind it or in front of it. I don't recall our builder asking our permission to build a two story house across the street from us and also one behind us. If this is the neighbor's only objection, let's hope your ARC committee will exercise caution refusing it as Roger suggested. Harold
DonN (Michigan)
Posts: 357
Posts: 357
Posted:
Read the CC&Rs. Unless the CC&Rs specifically prohibit blocking a view in unambiguous language, there is likely no basis for denying the property owner's request.
Don Nordeen
Governance of Property Owners Associations
Governance of Property Owners Associations
JosephW (Michigan)
Posts: 882
Posts: 882
Posted:
Just for the record, in many associations that are on shorelines, or golf courses, often have "view" restrictions in them. Developers will sell "waterfront" and "water view" lots or houses, and the documents often require ARC to maintain the views the people paid extra for.
Joe
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CharlesW1 (Georgia)
Posts: 826
Posts: 826
Posted:
JosephW,
I totally agree with you. I donât know the legal aspect of what can or canât be done. I do know how I would feel if I purchase a lot because for its view. No, it wouldnât be the end of the world, but it would make the simple pleasure of watching a sun set or rise a tad difficult, to say the least.
Chuck W.
I totally agree with you. I donât know the legal aspect of what can or canât be done. I do know how I would feel if I purchase a lot because for its view. No, it wouldnât be the end of the world, but it would make the simple pleasure of watching a sun set or rise a tad difficult, to say the least.
Chuck W.
Charles E. Wafer Jr.
JeanneK1 (Arizona)
Posts: 2
Posts: 2
Posted:
The homeowner who wants to build the addition, also would be installing an air conditioner, which would be a total of 4 surrounding the neighbor. The newest one being right outside the neighbors bedroom window. I understand about the view (2 story house by 1 story), all the houses are one story in our division. We are in Arizona and the sunsets here are awesome. For the neighbors to sit on their patio and be surrounded by a large wall, is this fair to them?
CharlesW1 (Georgia)
Posts: 826
Posts: 826
Posted:
JeanneK1,
Our CC&Râs, states the following. Air-Conditioning Units- No Window air conditioning units may be installed. âPERIODâ
Itâs pretty cut and dry! I donât totally agree with it, only because it someday will affect me. Right now it doesnât because I have central air, like many do.
I think if the unit canât be seen by neighboring houses or from the street then it shouldnât matter if you have one or not.
Good luck with.
Chuck W.
Our CC&Râs, states the following. Air-Conditioning Units- No Window air conditioning units may be installed. âPERIODâ
Itâs pretty cut and dry! I donât totally agree with it, only because it someday will affect me. Right now it doesnât because I have central air, like many do.
I think if the unit canât be seen by neighboring houses or from the street then it shouldnât matter if you have one or not.
Good luck with.
Chuck W.
Charles E. Wafer Jr.
WilliamT (Arizona)
Posts: 489
Posts: 489
Posted:
Posted By JeanneK1 on 09/21/2006 5:01 AM
The homeowner who wants to build the addition, also would be installing an air conditioner, which would be a total of 4 surrounding the neighbor. The newest one being right outside the neighbors bedroom window. I understand about the view (2 story house by 1 story), all the houses are one story in our division. We are in Arizona and the sunsets here are awesome. For the neighbors to sit on their patio and be surrounded by a large wall, is this fair to them?
The homeowner who wants to build the addition, also would be installing an air conditioner, which would be a total of 4 surrounding the neighbor. The newest one being right outside the neighbors bedroom window. I understand about the view (2 story house by 1 story), all the houses are one story in our division. We are in Arizona and the sunsets here are awesome. For the neighbors to sit on their patio and be surrounded by a large wall, is this fair to them?
The ACC is what will determine what can be approved. The ACC committee is bound by the guidelines, and must administer to them fairly.
Read the CC&R's and the Architectural guidelines. They have determined what is supposed to be best for the community as a whole. If the homeowner making the addition is asking for a variance to the rules, then the adjoining neighbors should have the opportunity to voice their objections.
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