VIEW RESTRICTIONS

Absent a specific provision in an association's CC&Rs, Californians have no right to air, light or an unobstructed view (Pacifica HOA v. Wesley Palms) because of the chilling effect such protections have on real estate development. Even if view protections are provided for in the CC&Rs, such restrictions must be reasonable.

In Zabrucky v. McAdams, owners sued their neighbor over a one-story addition to their home claiming a violation of the association's view restriction. The court ruled against the plaintiffs holding that the CC&Rs did not prohibit all view obstructions--only unreasonable obstructions.

Trial courts do not consider deprivation of a view, per se, as an injury. They consider the total effect of the encroachment and specifically whether it constitutes an unreasonable interference with plaintiff's rights under the CC&Rs. Posey v. Leavitt.

Updated by ADAMS KESSLER 8/21/2007