Eisen v. Tavangarian
Facts: The owner of an oceanside two-story single family residence (SFR) extensively renovates their home, extending the width of the second floor. The covenants, conditions and restrictions (CC&Rs) governing the neighborhood prohibit the erection of any structure which obstructs the view of another property in the community.
Claim: The owner’s neighbor seeks money losses for the partial loss of their property’s view, as well as the owner’s removal of the renovations, claiming the owner is in violation of the CC&Rs since the CC&Rs prohibit improvements which obstruct a property’s view.
Counterclaim: The owner claims the renovations are not prohibited by the CC&Rs since the CC&Rs refer only to structures that have not yet been built, rather than alterations to existing structures.
Holding: A California appeals court holds the renovations may stay in place since the section of the CC&Rs in question applies only to structures that have not yet been built. [Eisen v. Tavangarian (June 20, 2019)_CA6th_]
