Case Study: view protections in hoa

Overview

Blake Law Firm (BLF) successfully represented a homeowner in a lawsuit against their HOA

and neighbor, addressing violations of view restrictions in the CC&Rs. The firm secured a

favorable settlement for the client.

Background

Located in a luxury HOA community with million-dollar ocean views, the properties are

governed by CC&Rs that protect these views. The dispute arose when the client’s neighbor

constructed a detached ADU that obstructed the ocean view, violating CC&R restrictions.

Additionally. the Neighbor Notification Form for the neighbor’s construction, requiring four

signatures, was improperly approved with only two.

Issues

The central issue was whether the neighbor and HOA breached the CC&Rs by allowing

construction that unreasonably interfered with the client’s view rights. If a breach was found the

court needed to determine potential damages or consider an injunction to remove the ADU.

Resolution

BLF facilitated a court mediation at the properties, with the trial judge acting as mediator. The

judge’s observations of the obstruction aided in negotiating a resolution, leading to a successful

settlement.