ca wondering
Junior Member
What is the name of your state?What is the name of your state? Califonrnia
Our development has around several hundred homes and is governed by CC&R's which provide for a very broad range of "protected views". Since these view descriptions are very broad, the board has to "rule" or vote on issues regarding views, particularly when it involves remodels and trees. Several years ago, the BOD ruled/voted that some homes did NOT have a protected view and entered this into the minutes. The homeowners with the effected views were unhappy about this decision but did not avail themsleves of the remedies (a hearing) provided for in the CC&R's. There is now a new BOD who has taken it upon themselves to reverse these previous decisions, even though there is specific language in the CC&R's that clearly states "the decision by the BOD is final". I feel that to allow a reversal of previous decisions is both wrong and without legal foundation. To allow this would seem to put into jeopardy many improvements that homeowners have made and into which they have invested many thousands of dollars. Have you heard of such a thing? Is this legal? Can they do this? Thanks!
Our development has around several hundred homes and is governed by CC&R's which provide for a very broad range of "protected views". Since these view descriptions are very broad, the board has to "rule" or vote on issues regarding views, particularly when it involves remodels and trees. Several years ago, the BOD ruled/voted that some homes did NOT have a protected view and entered this into the minutes. The homeowners with the effected views were unhappy about this decision but did not avail themsleves of the remedies (a hearing) provided for in the CC&R's. There is now a new BOD who has taken it upon themselves to reverse these previous decisions, even though there is specific language in the CC&R's that clearly states "the decision by the BOD is final". I feel that to allow a reversal of previous decisions is both wrong and without legal foundation. To allow this would seem to put into jeopardy many improvements that homeowners have made and into which they have invested many thousands of dollars. Have you heard of such a thing? Is this legal? Can they do this? Thanks!