My HOA is Allowing a Neighbor to Build a Garage Which will Ruin our Beautiful View, Is there Anything We can do?
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Summary
At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. |
“My wife and I purchased our home 3 years ago. The house is part of a new development. At the time we purchased the home we picked the lot, style, and elevation of the house specifically so we could enjoy the view. Our lot sits atop a hill, and overlooks the pond, and hills that are in the community. The people that live directly across the street from us are planning to build a garage which will effectively block the view we enjoy. The HOA board (which I am a member, as well as the homeowner planning the garage) says they cannot deny the request because there are other (2) detached garages in the community. However, neither of these garages obstructs the view of others. Is there anything I as a homeowner can do to prevent the garage from being built. The covenants state: “No decorative lawn ornament, no structure of a temporary character, and no tailor, tent, shack, barn, pen, kennel, run, stable, shed or other building shall be erected, used or maintained on any lot at any time. Notwithstanding the foregoing, subject to the Covenant committee approval, a utility/storage shed may be placed on a lot provided that it is not located in violation of any easement, restriction line, or governmental right and regulation and it is constructed of materials that match the style and colors of the dwelling constructed on the lot.”
The short answer is that you’re probably out of luck.
Unless there is something in the CC&Rs or in the local ordinances that allows you to maintain your view, you live at the risk that someone will block it.
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.