Legal Question in Real Estate Law in California
Our HOA guidelines say we cannot obstruct another homes intended view. Our next door neighbor, from their back yard (none of their home's windows allow for a view across our backyard) can see mountians if they look across our backyard. For the first few years we lived her we kept the hedge cut low so they could see.
One day my wife, our 13 year old daughter, and my daughter's friends were swimming in the backyard pool. When they looked up they saw half a dozen men lined up on the neighbor's side of the fence as though it were a bar; drinking beer, staring at they girls and pointing and conversing about them. It was so uncomfortable that all the girls left the pool and went indoors.
We then grew the hedges high, infuriating the neighbors. They have accosted us across the fence and hedge verbally and in some cases told us how they could see what we do in our house and what screen saver we have on our bedroom computer.
By "intended view", could it be argued that the intended view was from the house, not from the backyard standing by our fence?
We are now being asked, by the HOA, to cut the hedges. What are our rights? How can we protect our backyard and our home privacy. Do we have a legal right to grow the hedges to protect our privacy? Do those rights supercede the HOA rules?
1 Answer from Attorneys
Although they are related, I think you are going to have to treat the HOA rules issue separately from the gawking and harassment. Trim the hedges, then deal with the rude behavior on its own demerits. Some of the conduct you describe may go beyond mere bad manners and rise to the level of illegal harassment, for which there are remedies.
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