Quote:
Originally Posted by BlueHeronFan
I know exactly which one you are describing. Frankly, the ARB should have never approved that kind of extension. Then again, how obnoxious does one have to be to completely block in another's lanai in that manner. I met the owner of the extension at a social, so it doesn't suprise me.
|
Having served on the ARB at our place in CA years ago, I can tell you there are some problems with what you describe. There are restrictions on property spelled out in deeds or CC&Rs and the ARB must consider those when approving any changes. They cannot apply these restrictions differently for different homeowners. They cannot deny changes that are not prohibited by deed restrictions, CC&Rs, or city/county/state/federal laws. If they do, they open themselves up to litigation because they are acting capriciously and the homeowner can point to similar projects that were approved.
What you are advocating is that the neighbor should subjugate their enjoyment of their property to protect your enjoyment of your property.