In a recent California case, Clear Lake Riviera Community Association v. Cramer, the appellate court found that an association’s building height restrictions were not only valid but that the defendant homeowner had been forewarned of them before building his 2-story house. They also found that the house harmed neighbors by blocking views and allowing views into homes which amounted to invasion of privacy. Lastly, the court found that the association would be irreparably harmed if the defendant were allowed to keep his house at its present, violating height—to allow it to stand would essentially render the association powerless to enforce its own covenants. The court-ordered solution: the defendant was ordered to lower the height of his house by 9 feet, or, in other words, to tear down the second story.
And speaking of stories, what’s the moral of this one? Know the architectural restrictions in your community and follow them—to do otherwise could result in an expensive construction (and perhaps demolition) and legal mess. To read more click here.