Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
