Legal Question in Real Estate Law in California

property value

our neighbors have painted their house a garish bright yellow and we feel that this will bring down the property value of our house. Is there anything we can do?


Asked on 5/28/09, 1:51 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: property value

Unless you live in a development having a homeowners association -- and you don't want to, trust me -- probably not.

Look at the bright side. Your friends, and the fire department, will be readily able to find your home. You'll be able to get pizza delivered while it's still at least lukewarm.

Just tell everyone it's next to the yellow house.

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Answered on 5/28/09, 2:01 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: property value

Courts generally won't involve themselves in disputes over someone's esthetic choices. Some communities have CC&Rs that require matters such as color choices to be approved by an architectural committee or some similar process.

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Answered on 5/28/09, 2:06 pm
David Gibbs The Gibbs Law Firm, APC

Re: property value

Attorneys Stone and Whipple are correct - you generally cannot challenge someone's aesthetic choices, unless your community has CC&Rs. Even if there is no active Homeowners Association, you can privately enforce the CC&Rs if they contain architectural controls that would have prohibited the color choice.

Assuming you do not have CC&Rs recorded against your property, then there is one other element to look at - is there an architectural overlay, or general plan, or specfic plan overlay at the City or County in which you live which would give the City or County authority to have a say in your neighbor's color choice. This is pretty rare - you generally see it in historical districts, retail areas, etc... but it is worth investigating. Go to the City, or if you do not live within an incorporated city, the County and review with their planning department what overlays may exist where the house is located.

Contrary to Attorney Stone's comments about homeowners associations, this is where they come in very handy!

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/28/09, 2:19 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: property value

See if there is a relevant ordinance?

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 5/29/09, 2:04 am


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