DAVIS V. IRVINE TERRACE COMMUNITY ASSN. (2021)[ VIEW RESTRICTIONS]

Plaintiffs sued the Association for breach of the CC&Rs for allowing a neighbor to rebuild or modify their existing home in a manner that blocked plaintiffs’ views. While the CC&Rs protect views as to landscape, fences, and walls, it contained no similar protection as to houses. Plaintiff argued that such protection existed because of the CC&Rs recital that the Association’s obligation to enhance and protect “the value, desirability and attractiveness of”  the tracts. The section on architectural control states that alterations to lots must be in harmony with surrounding structures. In rejecting the Plaintiff’s argument, the Court noted that the CC&Rs included no view protection as to structures such as houses; the Court was unwilling to read into the CC&Rs additional view protections based on the impact architectural modifications would have on the value, desirability, and attractiveness of the Owner’s property. Moreover, the Court pointed out that neither the CC&Rs nor the Architectural Guidelines were “intended to protect individual homeowners’ interests. They are intended to protect the community as a whole.”  The court noted that architectural guidelines are "guidelines" and have a subjective component to them and ARCs/DRCs have discretion to decide what designs are in harmony with the community.