As part of a homeowner association, a property owner is entitled to rising property values, which rarely comes from home modifications. Consider that, in a homeowner association, a property owner is expected to contribute to the uniform look of the planned community. While some changes are permissible, there are other changes that may be responded to as an infringement of a neighbor’s rights within the association.
Regarding this is the Feb. 1, 2011 court decision for Larson versus Las Posas Hills Homeowner Association, a common interest development in Ventura County, CA. Larson requested permission to add a two-story addition to his home. However, Las Posas Hills denied his request “because the proposed residence would block the view of his adjacent neighbor, Michael Rolls, a violation of the association’s declaration.” Larson appealed the board’s decision, and was denied again. He decided to then sue Las Posas for “a breach of fiduciary duty, negligence and nuisance.” During litigation, Las Posas advised Rolls to join litigation. The court ruled in favor of Las Posas and Rolls, and while the association was awarded $71,637.52 in attorney’s fees, Rolls was awarded $49,650 as well in attorney’s fees.
Larson objected to the award to Rolls, citing that it was not necessary as Rolls’ interest was previously protected by the association. However, the court ruled that Rolls’ attorney was permitted to act upon Las Posas’ advisement to join litigation. As such, this move was entirely legal and sound. Larson then appealed the awarded payment to Rolls’ attorney’s fees, citing that the sum was too large as Rolls’ attorney was simply duplicating the association’s defense. Again, the court ruled that Rolls was entitled to the attorney’s fees, as Larson could not specify how Rolls’ attorney merely “duplicated” the defense efforts of the association. The awarded fees remained intact.
We can only speculate on Larson’s feelings to sue the association- there are many advantages when living in a HOA community, however the restrictions on what is done on the visible or outside property can create an awkward scenario. Granted, everyone should feel welcome to treat their individual properties as they see fit, and yet the advantages of raising property value needs to outweigh the objections of property modifications by neighbors within the HOA community.
This article is provided by Cedar Management Group.