QUESTION

We are having a problem with 7.18 of our CC&R's

Asked on Feb 09th, 2015 on Litigation - California
More details to this question:
It reads, All trees, hedges and other plant materials shall be trimmed by the owner of the lot upon which they are located so that they shall not exceed the height of the house on the lot; however, that where trees do not obstruct the view from any of the other lots in the properties, which determination shall be within the sole judgment of the committee, they shall not be required to be so trimmed. Before planting any trees, the proposed location of such trees shall be approved in writing by the committee. No trees, hedges or other plant materials shall be so located or allowed to reach a size or height which will interfere with the view from any other lot.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Are you trying to enforce the tree rules to protect your view, or are you trying to protect your trees and avoid the cost of trimming or removing them? Either way, your fastest and cheapest route is to persuade your HOA Board to support your position. HOA Boards are accorded considerable discretion. Judges are reluctant to second-guess them. In most cases, the prevailing party is entitled to recover reimbursement for its attorney fees and expenses. The HOA usually wins, and that means the homeowner ends up paying both her or his own fees AND the HOAs. How much are this view or the trees worth? If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Feb 09th, 2015 at 8:15 PM

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