Legal Question in Real Estate Law in California

If a community housing development charges a mountain view premium for a lot, can the CC&R's legally state that the HOA is not responsible for maintaining that view? (situation is small trees have become 60 feet high and mountains not visible for years now).

Thank you!


Asked on 12/20/15, 10:27 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't have the authority for this handy to cite for you, but I believe that the CC&R provision you mention would be sustained in court. Among other things, there is a distinction made between man-made or man-caused view obstructions like new buildings or perhaps even newly-planted trees that grow later on, on the one hand, versus natural growth of trees that were already there when the lot was sold. Also, some localities have rather strict local ordinances against cutting healthy trees just to restore uphill residents' views.

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Answered on 12/20/15, 10:36 am
William Christian Rodi Pollock

Yes. The developer charged you a premium for lot selection. This has little to do with the CC&R's and the HOA rules. Undoubtedly you were given those rules and restrictions when you purchased the property.

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Answered on 12/21/15, 1:46 pm


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