Who typically handles owners disputes?

Started by NancyM2 • 6 replies • 1211 views

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NancyM2 (California)
Posts: 249

Posted:

Our Mgmt Co say they don't handle owners disputes. so we have to employ a Ombudsman to mediate. Our BOD has two to three hearings each month, before normal board busuness. That's only after the Ombudsman can't mediate them. When I was on the board 5 years ago we had very few hearings, however that was before we had a Ombudsman.

We are a ocean view community ~ So many of our issues are trees that have grown into a neighbors view plain.

NancyM2

SusanW1 (Michigan)
Posts: 5,202

Posted:

Are you saying that resident-owned trees are blocking their neighbor's view - or - are you saying that residents are complaining about common element plantings blocking their ocean view?

NancyM2 (California)
Posts: 249

Posted:

Susan

They complain about both ~ However the neighbor to neighbor tree/view blockage is the big one. Our CC&R's do address view issue's, however that does not keep the owners from fighting.

NancyM2

SusanW1 (Michigan)
Posts: 5,202

Posted:

People are so surprised when their trees grow!

StevenW3 (Oklahoma)
Posts: 64

Posted:

my HOA handles it this way....it's a civil issue, we won't get involved. If there is anything in the CCR's preventing it then take action otherwise my advice is to let it be a civil matter.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

Nancy, I don't know California law, so I ask if this is not something that the homeowners should work out between themselves without association involvement?

In my association, every homeowner has equal rights with the association to enforce covenants and rules. The association has the right but not obligation to enforce covenants and rules.

So if it is a dispute that only affects two or three homeowners, the association does not get involved.

Is the association the only party that is empowered to enforce covenants in your community?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Our township ordinance say that you cannot build a home outside the site line of other homes. In other words, your house cannot be built so it extends out farther (towards the lake shore,) if it blocks the view of those on either side. Every home has a set-back that considers the neighbors. (there is NO height restriction yet - that's coming!!)

I have sympathy for the neighbor who has his view blocked by someone's tree.

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