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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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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