Another Perspective on 8.19
8.19 is a section of the CC&R’S that deals with view obstructions.
Section 8.19 of the CC&Rs reads in full as follows:
“Subject to the provisions of Article IX hereof [the Architectural Control Article of the CC&R’s], no vegetation, Improvement, or other obstruction shall be planted, constructed, or maintained on any Lot or Condominium in such location or of such height as to obstruct the view from any other Lot or Condominium. Each Owner of a Lot or Condominium shall be responsible for periodic trimming or pruning of all hedges, shrubs and trees located on his Lot or Condominium, so as not to obstruct the view of adjacent Owners.”
Notice that the CC&R just says view. Is everything a view? Is an ocean view more important than a canyon view for example. Some homeowners have a view that they obstruct by their own vegetation.
Adjacent is not defined in the CC&R’S.
Can an adjacent neighbor be 2 streets up the hill and outside their prolongation lines?
Above is a definition from google.
Below is from the Rules and regulations in Beacon Hill documents.
Over the last 20 to 30 years many views have been obstructed by palm, pine, and other trees. Some of these trees are on HOA property and 8.19 only mentions Lots and Condominiums. The Voice believes that the HOA and sub-associations should set an example and trim and or remove trees that obstruct views whether the view is from a home, HOA property, driving down Ridgeway, or walking on the sidewalk. We know that it is a tall order but over time can be achieved. Having a community with views adds value to all homes. What does it say to potential buyers when they find out that only certain views from certain homes and certain homeowners are protected?
Over the years the HOA has tried to deal with 8.19 with the 2002 and 2012 obstruction policies. Read 8.19 several times and we think it is easy to see that the 2002 and 2012 policies contradict the plain meaning of 8.19. It allows the HOA to make arbitrary decisions to homeowners that they favor at any moment in time.
Some call this Calvinball. The Voice agrees.
See the 2002 and 2012 policies below.
It is not clear if the 2012 policy replaced the 2002 policy and is the 2012 policy still in effect? Either way it shows attempts of past HOA boards with creating a situation where again the HOA can make any decision they choose at any moment in time. This leads to decisions being made which are inconsistent and not equally applied. This is called CALVINBALL. All members should be treated consistently but they are not.
ARE ALL MEMBERS CREATED EQUAL, OR ARE SOME ARE MORE EQUAL THAN OTHERS?
How is a homeowner or potential buyer supposed to know if the HOA will protect their view?
Do homeowners have to disclose to potential buyers?
It really is a shame that the past Board of Directors apparently did not contact the many Taylor Woodrow executives including the CEO who purchased homes in Beacon Hill back in the 1980’s for clarification. What was the original intent of 8.19? Where views between homes protected? Were vegetation and improvements to be treated the same? Did they plan to have the HOA and Sub-associations exempt from obstructing views or was it assumed that Beacon Hill being designed as a view community the Master HOA and Sub-associations would set an example and protect views.
Since so many palm trees and other trees that obstruct views were planted over the years while these former executives lived here, maybe 8.19 should not be interpreted as strictly as the HOA does from time to time.
The HOA has a View Committee that is supposed to be advisory to the HOA board. It consists of 3 members. WHAT ARE THEIR QUALIFICATIONS? What would you think of one person who is on the view committee at a recent Zoom meeting expressed the opinion that no trees in Beacon Hill should be cut down? What would you think if they did not follow the clearly outlined process and procedures outlined in the Rules and Regulations? What would you think if someone on the committee did not know of the procedures? The Voice is not sure that view committee members are aware of the rules and regulations. VERY SAD. What would you think if 2 of the 3 members did not live in a home that has a view of significance? How are members chosen? What expertise do they have? How have they been instructed to think about 8.19? Are they aware of past decisions on views made by past view committees and HOA so there is consistency? If there is an opening on the view or ANY committee are members of the larger Beacon Hill community given notice? Do members know about openings or is it a closed society? Members wonder.
It seems that the HOA is playing Calvinball with the concerns of the HOA members.
Is the HOA playing Calvinball with 8.19? You decide and let them know.
Please read 8.19 and then notice all the exceptions made in the following 3 documents.
2002 View Policy Please notice that it is inconsistent with the plain meaning of 8.19 on page 41 of the CC&R’S
2012 View Policy Please notice that it is inconsistent with the plain meaning of 8.19 on page 41 of the CC&R’S
View Policy on HOA Website today also is inconsistent with the plain meaning of 8.19 on page 41 of the CC&R’S View Policy on HOA Website
Another important issue is whether members are entitled to a view between homes across the street? In other words do homeowners have the right to plant vegetation on their side yard or do thy have to keep it clear if the homeowner across the street has a view between the house?
Examples are below Pictures were taken May, 2023
Please contact the HOA if you think a more consistent policy should be observed and communicated to members.
Seabreeze Management
Property Manager Cecilia de Heras
1211 Puerta Del Sol Suite 120
San Clemente CA 92673
800-232-7517
Cecilia de Heras cecilia.deheras@seabreezemgmt.com
If you would like to add any comments to this page or find something that is not accurate, please email us at Beaconhillvoice1@gmail.com