Clayton v. Bigelo, LLC
(S.D.Cal. Mar. 24, 2021, No. 21cv285-GPC(BLM)) 2021 U.S.Dist.LEXIS 55670.

Summary by Jillian M. Wright Esq.:

Owner Clayton sued another owner Bigelo, LLC (“Bigelo”) arguing the construction of a two-story home on the lot was prohibited by the CC&Rs and interfered with his view rights and right to privacy. Bigelo argued two-story homes were not prohibited but rather that the association had the power to review applications for two-story homes if an architectural committee was in place. An architectural committee was not in place, so approval was not necessary as long as the structure was in harmony with other homes in the community. The court found the home was in harmony since there were other two-story homes in the community. The court held that a declaration did not impose a ban on two-story homes or include view protections for surrounding property.

TAKEAWAY: View disputes are amongst the most frequently litigated association issues. Note, however, that absent an express covenant protecting view, there are generally no view rights in California.

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