Legal Question in Real Estate Law in California
Pricacy Rights
I live in a Gated Community governed by a Home Owners Association. The CCR's state that neighbors cannot obstruct ''views''. Between homes, there are fence railings. Around the fence that separates my property from neigbors is my hedge which was in my'' landscaping plan'' and approved by the HOA. I keep my hedge trimmed leveled to top of fence.My neighbor is complaining that my hedge is blocking his first floor ''view'' because my hedge acts as a screen. I agree that it does blocks his view but it gives me privacy. Prior my neighbor purchasing his house, the hedge was there. After he moved in, my neighbor instructed his gardener to enter my property and cut my hedge. I advised my neighbor not to cut my hedge again. Do I have the right to keep my hedge at a level (top of common fence railing) so that I maintain my privacy??? Can the HOA take action against me because of the CCR's state you cannot block neigbhors views? Note: many other neighbors have landscaping which block VIEWS and the HOA does not enforce ''VIEW'' CCR. If HOA requests that I cut my hedge, can I legally argue that I will cut my hedge when HOA enforces the ''VIEW'' CCR to all residents that have landscaping blocking Views?
1 Answer from Attorneys
Re: Pricacy Rights
If the HOA approved your landscaping plan, and the plan showed that there would be hedges that high, there is not much they can do about it now.
Regarding the gardener coming onto your property, your neighbor is liable to you for trespassing and invasion of privacy.
Finally, the HOA cannot enforce a rule against one without enforcing the rule against all. If your neighbor wants to gripe, tell him to talk to the HOA. But let him know that if he does, you will sue for the trespass.
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