VIEW POLICY OVER THE YEARS – beaconhillvoice.com

Over the years the HOA has changed the view policy,

It should start with 8.19 in the CC&R’s and then clarify things

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.”

The board has said that this only applies to homeowners and adjacent homeowners. The Voice is of the opinion that it should apply to the Master and Sub-Associations. In past documents Adjacent was defined as “Adjacent Owner” means the owner or owners of the property(ies) adjacent (across, next to, in front of, or behind) the property where the claimed obstruction is located. This has been outlined in the in the VIEW OBSTRUCTION COMPLIANT PROCEDURES which has disappeared from the website.

The main problem is that even when they settle on a new View Policy the HOA does the enforce it consistently.

BEACON HILL PLANNED COMMUNITY ASSOCIATION

VIEW OBSTRUCTION POLICY

February 2002

The Community Association’s Board of Directors encourages all Owners to keep their trees, shrubs and plants trimmed and to work with their neighbors in resolving view issues as they arise.

Article 8, Section 8.19 of the CC&R’s establishes a general view obstruction restriction for the Beacon Hill Lots and Condominiums. The purpose of this policy is to implement the restriction in a fair, even-handed manner. All capitalized words as used within this Policy are defined within Article I of the CC&R’ s.

Section 8.19 of the 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.”

View Obstructions Caused by Trees Located on Sub-Association Maintained Property.

The Community Association is comprised of both planned developments and condominium projects. The Sub-Association planned developments and condominium projects often include Common Areas managed and maintained by the Sub-Associations. The Community Association does not become involved in alleged view obstructions occurring on Sub-Association maintained Common Areas. View complaints relating to Sub-Association maintained Common Areas should be directed to the Sub-Association responsible for the management and maintenance of the property in question. If you are unsure whether trees blocking a view are located on Sub-Association maintained property, please contact The Emmons Company at (949) 752-2225.

View Obstructions Caused by Trees Located Within the Open Space Maintenance Areas.

The Community Association is responsible for the trees located upon the Open Space Maintenance Areas which are maintained by the Community Association. Pursuant to the CC&R’ s, the Community Association, acting through the Board, has the right to determine what planting sha

be installed, maintained, removed, or replaced within these areas. Trees within these areas are maintained on a schedule approved by the Board of Directors.

The view restriction within the CC&R’s does not apply to Open Space Maintenance Areas; the view restriction only applies to Lots and Condominiums. Nevertheless, the Board of Directors will accept for consideration requests made by Members to trim, prune, thin, or remove trees located on Community Association maintained property. The Board will have the discretion, but not the duty, to cause trees to be trimmed, pruned, thinned, or removed in response to such a request. An Owner requesting the trimming, topping, thinning, or removal of a tree or other vegetation shall submit such request in writing to the Association’s Landscape Committee in care of the Association’s management company. The letter shall describe the trees subject of the request with sufficient particularity so as to enable the Association’s Landscape Committee and the Association’s Board of Directors to identify the subject tree(s). Owners are encouraged to submit photographs with their letter designating the subject tree(s).

The Board recognizes that removal, or significant toping or pruning of trees within Association maintained areas may impact neighboring or adjacent Owners. Some Owners may agree that the tree or trees are unreasonably obstructing a view, while others, to the contrary, may claim that removing, topping or pruning trees will detract from the value or desirability of their homes. Accordingly, a Member who desires the removal, thinning, topping, or trimming of a tree within an Open Space Maintenance Area shall notify adjacent and potentially impacted neighbors of the request. The Owner requesting the work shall advise of the adjacent and impacted neighbors’ input by submitting the neighbor awareness portion of the Association’s Architectural Application with the Owner’s request.

The Association’s Landscape Committee shall contact the Owner making the request, in addition to the Owners, if any, who oppose the request, for the purpose of viewing the reported conditions from the affected Lot(s) and/or Condominiums as applicable. The Committee shall further have the authority, but not the responsibility, to determine whether Owners other than those identified by the Owner submitting the request should be contacted.

The Declaration does not establish any formal definitions or guidance for determining whether a tree is “interfering” with a view. The Board of Directors, however, believes it would not be reasonable to interpret the Declaration to suggest that every Owner is entitled to a 360-degree, unobstructed view from all potential viewpoints on the lot or within the residence. The Landscape Committee shall determine whether the alleged obstruction is unreasonable, given the topography of the lot and surrounding properties, the orientation of the lot and residence, the impact of the tree or trees on the overall view from the property, and the nature and extent of the action required to remove the obstruction.

Following the Landscape Committee’s site inspection, the Landscape Committee shall hold a hearing, upon no less than fifteen (15) days prior notice by first class mail, and invite all members who have submitted written support or opposition to the proposal to attend the hearing to express their opinions. The Landscape Committee shall, within five (5) business days following the conclusion of the hearing, make its recommendation to the Board of Directors.

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The Board of Directors shall retain the ultimate duty and responsibility to determine, based upon the Committee’s recommendations, whether the subject tree(s) should be removed, thinned, topped, or pruned.

3. View Obstructions on Lots or Condominiums.

Pursuant to Section 8.19 of the Declaration (quoted above), no trees or other vegetation on a Lot or Condominium may be maintained so as to obstruct the view from any adjacent Lot or Condominium. Likewise, the Declaration prohibits an Owner from allowing any structure, fence, or other Improvement from being maintained so as to obstruct the view from any adjacent Lot or Condominium. Accordingly, this portion of the Policy applies to both structures and vegetation which allegedly impair a view.

Lots, by definition, include both privately owned lots, as well as the Association Properties. Association Properties are the lots owned by the Community Association and the landscape easements held by the Community Association. With respect to view obstructions located on Association Property, such obstructions shall be subject to the procedures set forth above for Open Space Maintenance Areas.

With respect to view obstructions located on privately owned Lots or Condominiums, the Association encourages Owners to contact their neighbors first and request their cooperation by removing or reducing the height of a structure, or by thinning, pruning, topping or removing trees or vegetation, prior to coming to the Board with a complaint. The remainder of this Policy applies only to privately owned Lots or Condominiums, and not Association Property.

An Owner complaining of a view impairment shall submit the complaint in writing to the Association’s Board of Directors in care of the Association’s management company. The letter shall describe the efforts made by the Owner to gain the neighbor’s cooperation and the neighbor’s response. The complaint shall identify the structure or trees with sufficient particularity so as to enable the Association’s View Obstruction Committee and the Association’s Board of Directors to identify the subject of the complaint. Owners are encouraged to submit photographs with their letter.

The Board recognizes that removal, or significant toping or pruning of trees within private property, or the modification or removal of improvements, may impact neighboring or adjacent Owners. Some Owners may agree that the tree(s) or structure(s) are unreasonably obstructing a view, while others, to the contrary, may claim that removing, topping or pruning trees or removing an improvement will detract from the value or desirability of their homes. Accordingly, a Member who desires the removal, thinning, topping, or trimming of a tree, or the removal or modification of an improvement or other structure shall notify adjacent and potentially impacted neighbors of the request. The Owner requesting the action shall advise of the adjacent and impacted neighbors’ input by submitting the neighbor awareness portion of the Association’s architectural application with the Owner’s request.

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The Declaration does not establish any formal definitions or guidance for determining whether a tree or improvement is “interfering” with a view. The Board of Directors, however, believes it would not be reasonable to interpret the Declaration to suggest that every Owner is entitled to a 360-degree, unobstructed view from all potential viewpoints on the lot or within the residence. The View Obstruction Committee shall determine whether the alleged obstruction is unreasonable, given the topography of the lot and surrounding properties, the orientation of the lot and residence, the impact of the tree(s) or structure(s) on the overall view from the property, and the nature and extent of the action required to remove the obstruction.

The Association’s View Obstruction Committee shall contact the Owner making the request, in addition to the Owners, if any, who oppose the request, for the purpose of viewing the reported conditions from the affected lot(s) and/or residence(s) as applicable. The Committee shall further have the authority, but not the responsibility, to determine whether Owners other than those identified by the Owner submitting the request should be contacted.

Following the View Obstruction Committee’s site inspection, the View Obstruction Committee shall hold a hearing, upon no less than fifteen (15) days prior notice by first class mail and invite all Members who have submitted written support or opposition to the proposal to attend the hearing to express their opinions. The View Obstruction Committee shall, within five (5) business days following the conclusion of the hearing, make its recommendation to the Board of Directors.

Upon receiving the View Obstruction Committee’s recommendations, the Board of Directors shall have the authority, but not the duty, to arrange for a site inspection prior to making any decision on the matter. Any obstruction shall, upon written request of the Board of Directors, be removed or otherwise altered to the satisfaction of the View Obstruction Committee by the Owner of the lot or condominium upon which the obstruction is located. In the event the Owner does not comply, the Board may pursue the Association’s rights and remedies afforded by the Declaration and State law.

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BEACON HILL PLANNED COMMUNITY ASSOCIATION
VIEW OBSTRUCTION POLICY

COMMUNITY ASSOCIATION PROPERTY

1. Introductory Statement and Definitions.

This View Obstruction Policy applies to property owned or maintained by the Community Association.

This Policy does not apply to common areas owned or maintained by Sub-Associations. The Community Association does not become involved in alleged view obstructions occurring on Sub-Association maintained common areas. View complaints relating to Sub-Association maintained common areas should be directed to the Sub-Association responsible for the management and maintenance of the property in question. If you are unsure whether trees blocking a view are located on Sub-Association maintained property, please contact Dana Pacific Management Services at (949) 248-4300.

Unless otherwise stated, all capitalized words as used within this Policy are defined within Article I of the Community Association’s CC&Rs.

Criteria for Evaluating whether a View has been “Obstructed”.

Because of the advancing age of many neighborhoods within the Community Association, there are mature trees and shrubs throughout the development which may have foliage, branches or limbs that are visible in the foreground of sightings of the ocean, canyons, and other vistas observable from Lots and Condominiums within Beacon Hill. The Board of Directors recognizes, however, that if the view restriction were applied such that the Community Association were required to remove every landscape feature of any nature whatsoever that can be seen in the foreground of any sighting of the ocean, canyons or other vistas observable from any location on any Lot or Condominium within the community, without regard to the extent of the view impediment caused by the landscape feature in relation to the overall view from an owner’s Lot or Condominium, and without regard to the distance between the landscape feature and the Lot or Condominium seeking to have the landscape feature cut, trimmed or removed, the attractiveness and desirability of the community would suffer disproportionately.

The view corridor of a Lot shall be defined by the prolongation of the Lot’s side property lines. Absent clear and convincing evidence of extraordinary circumstances, an alleged obstruction of a view across or perpendicular to a side property line will not be considered a violation of the CC&R’s. Therefore, a determination of whether a view is being obstructed must be made on a case-by-case basis taking into consideration the topography of the lots and surrounding properties, the orientation of the lot and residence in relation to the landscaping subject of the complaint, the location, distance and visibility of the landscaping subject of the

Revised November 7, 2012 1 of2

complaint in relation to the complaining owner’s property, the location from where the view is observed (e.g., whether from the rear yard, front yard, or side yard of the Lot, the first story or second story of the residence, the nature of the room where the view is observed (e.g., bathroom, bedroom, living room, family, kitchen, etc.), and any other relevant factors that the Landscape Committee and/or the Board of Directors, as applicable, believes, in good faith, will enable a decision to be made that is compliant with the CC&Rs, that is reasonable and that is not arbitrary or capricious (the criteria described in this paragraph are collectively referred to in this Policy as the “Criteria”).

3. Due Process Procedures for Requesting Removal of a Tree or Trees.

An Owner requesting the trimming, thinning or removal of a tree or other vegetation located on Community Association owned or maintained property shall submit such request in writing to the Association’s Landscape Committee in care of the Association’s management company. The letter shall describe the trees subject of the request with sufficient particularity so as to enable the Association’s Landscape Committee and the Association’s Board of Directors to identify the subject tree(s). Owners are encouraged to submit photographs with their letter designating the subject tree(s).

The Landscape Committee is authorized to direct management to have trees trimmed or thinned without Board approval. However, the Landscape Committee is not authorized to have a tree or trees removed without Board approval. A request to remove a tree or trees located on Community Association owned or maintained property shall be processed as described below.

The Board recognizes that removal of trees within Association maintained areas may impact neighboring or adjacent Owners. Some Owners may agree that the tree or trees are unreasonably obstructing a view, while others, to the contrary, may claim that removing trees will detract from the value or desirability of their homes. Accordingly, a Member who desires the removal of a tree located on Community Association owned or maintained property shall notify adjacent and potentially impacted neighbors of the request. The Owner requesting the removal shall advise of the adjacent and impacted neighbors’ input by submitting the neighbor awareness portion of the Association’s Architectural Application with the Owner’s request.

Revised November 7, 2012 2 of 2

THE PROBLEM WITH THIS ABOVE IS THAT IT IGNORES ADJACENT NEIGHBOR IN CC & R’S’S 8.19

The 2012 Policy seems to have disappeared from the Beacon Hill Website.