Views, Landscaping & Homeowners Assn.

I've been reading on this BBS that there are no rights to "views," but I have a question about this.

My husband and I bought a lot with a view in Virginia (near Norfolk). (BTW, we are part of a Homeowner's Assn.) Because of the view, the lot costed us an extra $40,000. We built our home on the lot, designing it around the view.

Before anyone in the division can landscape, they must submit their landscaping plan to the Homeowners Assn. which gives its approval/disapproval.

One of our neighbors, with whom we've been on friendly terms, planted a row of trees which will partially block our view. Prior to this, we kindly and politely asked our neighbors to consider our view when planting (as a courtesy) but apparently they disregarded our requests. These neighbors also have a water view but of course haven't planted anything to block their view, just ours.

We formally protested to our Homeowner's Assn. within the 30 days that are written in our bylaws, and requested to see a copy of our neighbor's landscaping plan (to be sure this really was approved.) There is no language in the bylaws pertaining to views, but there are plenty of bylaws pertaining to esthetic restrictions (fence heights, unsightly colors of paint, etc.)

My questions:
Since we are members of the Homeowner's Association (but we are not board members), isn't our opinion also necessary on landscaping decisions that affect us? The bylaws just mention that "the homeowner's association" must give its approval. Doesn't that include us, or does that mean just the board?

If the Homeowner's Association approved our neighbor's landscaping plan, have we no recourse? I find it incredible that, if I am a dues-paying member of the Homeowners Association, I have no say over something that affects me. (The Board members were "elected" because this division is new, and they were the first ones to build.)

Any advice?

I would say that if you did pay $40,000 more for the lot because of the view from the association, then they would be liable for damages up to the $40,000 if your wiew is restricted.

Do you have anything in writing saying the $40K extra is for the view?

I would think you would have no rights to a view if you didnt pay extra for it.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NeighborKate:
I've been reading on this BBS that there are no rights to "views," but I have a question about this.

My husband and I bought a lot with a view in Virginia (near Norfolk). (BTW, we are part of a Homeowner's Assn.) Because of the view, the lot costed us an extra $40,000. We built our home on the lot, designing it around the view.

Before anyone in the division can landscape, they must submit their landscaping plan to the Homeowners Assn. which gives its approval/disapproval.

One of our neighbors, with whom we've been on friendly terms, planted a row of trees which will partially block our view. Prior to this, we kindly and politely asked our neighbors to consider our view when planting (as a courtesy) but apparently they disregarded our requests. These neighbors also have a water view but of course haven't planted anything to block their view, just ours.

We formally protested to our Homeowner's Assn. within the 30 days that are written in our bylaws, and requested to see a copy of our neighbor's landscaping plan (to be sure this really was approved.) There is no language in the bylaws pertaining to views, but there are plenty of bylaws pertaining to esthetic restrictions (fence heights, unsightly colors of paint, etc.)

My questions:
Since we are members of the Homeowner's Association (but we are not board members), isn't our opinion also necessary on landscaping decisions that affect us? The bylaws just mention that "the homeowner's association" must give its approval. Doesn't that include us, or does that mean just the board?

If the Homeowner's Association approved our neighbor's landscaping plan, have we no recourse? I find it incredible that, if I am a dues-paying member of the Homeowners Association, I have no say over something that affects me. (The Board members were "elected" because this division is new, and they were the first ones to build.)

Any advice?<HR></BLOCKQUOTE>

You need to review all the HOA legal documents from House Rules, By-Laws, Declaration and any other docs. Normally, view channels are addressed somewhere and there also must be a definition of Howmeowners Association and Board of Directors. In normal circumstances where approval of HOA is needed, this approval would be from the Board of Directors, Building/Design/Landscaping Committee or a HOA appointed legal body or individual.
You are entitled to your view and have rights since you did pay extra for it. I do not know the extent of these rights from the standpoint of the project developer, HOA and the State.

Mt view is this; if the neighbor's landscaping plan was if fact approved, check to the plan to see if there was any elevation approval. Standard landscaping plans may be just a plot plan and have a birds eye view only. Sometimes trees shown not to scale or with no elevation or height description may not appear that way in a real as-built situation. Also even with approval, years later the trees may grow so large that the following may apply; once there was an obstucted view now has become a view of only trees.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peter:

Do you have anything in writing saying the $40K extra is for the view?

[/b]<HR></BLOCKQUOTE>

There is nothing that explicitly states this, but if you look at the entire development and
the price sheet for all the lots, it's apparent that lot prices change the closer the lots get to water. Our lot is a bit smaller than an adjacent lot that doesn't have much of a view but is more expensive. Thus our only conclusion is that the view dictates the price. There is nothing else noteworthy that makes this lot more expensive than others, except that it is near a spec home, but I doubt we're paying for a view of that. (When we purchased the lot, the spec home was just beginning to be built.)

We found out that the developer's Limited Liability Corp makes the landscaping decisions. We're awaiting the developer's reply to our letter. We've requested a copy of the neighbor's landscaping plan, but so far haven't seen anything. According to our bylaws, this LLC (which as far as we know only consists of the developer) makes architectural/landscaping decisions and can waive decisions as it sees fit, per the last article in the bylaws.

He hasn't responded to our calls, but said through his secretary that he will be sending a letter of response through the homeowner assn.'s president. His reply will determine if we consult with an attorney about this or not.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:

You are entitled to your view and have rights since you did pay extra for it. I do not know the extent of these rights from the standpoint of the project developer, HOA and the State.
<HR></BLOCKQUOTE>

Thanks for the response. We'll likely consult with an attorney so we can find out what our rights are in relation to the developer, HOA, and the state. (The developer formed an LLC which makes and can waive at will per the bylaws the architectural/landscaping decisions for
the development). We await a copy of the neighbor's plan from him but we're not sure
what type of letter response we'll get since he hasn't responded to our calls.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NeighborKate:
Thanks for the response. We'll likely consult with an attorney so we can find out what our rights are in relation to the developer, HOA, and the state. (The developer formed an LLC which makes and can waive at will per the bylaws the architectural/landscaping decisions for
the development). We await a copy of the neighbor's plan from him but we're not sure
what type of letter response we'll get since he hasn't responded to our calls.

<HR></BLOCKQUOTE>

You are in a good position since the developer is one and the same entity that sold you the property and approves the landscaping plans.