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Being sued for view infringement

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Services for Real Estate Pros with FHA Loan, VA Loan, Jumbo Loan,FHA Loans,VA Loans,Jumbo Loans

Can you please suggest something?

My client bought a tear-down.  He attempted to follow CCRs to put together an architectural committee.  Such a committee was formed and signed off on the plans for his new construction. 

At the time, no one knew that the committee was improperly formed - it was done in good faith.  Of course, the suing attorney calls it "illegally formed".  They have gotten a work stoppage for 2-weeks until a full hearing can occur.

That being said, the actual design falls within the CCR (height) limits.  If the committee had been properly formed, they really could not have said no to the design as it is well within the CCR limits.  Views are not officially protected.  Their only protection is that any construction must fall under a certain height limit (which this does).

Any advice or suggestions on how my client needs to defend his case?

Michele E. Samson
Realty World City of the Bay - Sonoma, CA

so frustrating! sounds like it doesn't matter how the committee was formed..they're within the guidelines. It sounds like someone didn't pay attention and when the construction started, they finally woke up. I'm not an attorney...my son is, I should ask him but I think it's just too bad at this point. This happens all the time in Laguna Beach..we have a house there, everyone is notified and if you don't do something within the time frame...well, that's just too bad!! Good luck. I hate this stuff!!!

Mar 18, 2010 05:11 PM
Terry Chenier
Homelife Glenayre Realty - Mission, BC

Robert,

This is a case of He who has the deepest pockets wins. They'll, (the lawyers), will drag this on forever.

Mar 18, 2010 05:41 PM
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

Your client will probably be okay, but the work stoppage can be aggravating. I had the same thing happen to a client of mine in Mission Greens in Mission Valley. It was just a case of the HOA wanting to exert their authority.

Mar 31, 2010 04:58 PM