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Subject: Definition of "ordinary public view"
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Author Messages
PatrickS6
(Colorado)

Posts:2


10/07/2011 9:51 AM  
Hi, I am looking for a definition of "ordinary public view", for Colorado HOA's. My question is can this be define as:
1) from a public street or sidewalk vs. a private lot - Is a private lot generally considered "ordinary public view"?

Example: If a boat is screened from view by street and sidewalk but can be seen by a neighbor from their backyard, is it in compliance with HOA covenents requiring Boats to be fully screened from "ordianry public view"?

Thanks for your thoughts or direction.
MelissaP1
(Alabama)

Posts:4739


10/07/2011 10:07 AM  
It can't be seen from the street or driving by. The object can be seen from inside your private residence, backyard, or top floors.

Former HOA President
BradP
(Kansas)

Posts:2640


10/07/2011 10:46 AM  
Patrick...ordinary public view to me is the view a person would have standing on the ground on a similar elevation to the object they are trying to view.

If you have a two story home going upstairs and peering into your neighbor's fenced backyard is not ordinary view in my opinion.
PatrickS6
(Colorado)

Posts:2


10/07/2011 10:59 AM  
so are you both considering private back yards "ordinary public view" even if an item is screened from street location, a neighbors back lot view is considered public?

Thx
BradP
(Kansas)

Posts:2640


10/07/2011 11:55 AM  
If I am standing in my back yard, on the ground, on a similar elevation to you and look in your backyard yes that is my ordinary view. It would also depend on what your documents say, some are pretty specific on this and if they only require it to be screened from the street then this wouldn't apply
TimB4
(Virginia)

Posts:8815


10/07/2011 12:37 PM  
Posted By PatrickS6 on 10/07/2011 9:51 AM
Hi, I am looking for a definition of "ordinary public view", for Colorado HOA's.




Patrick,

Although CO does use the phrase in their statutes. I could not find where CO defined the phrase. The city of Lakewood did define "public view":
"Public view" means an observation from any location exterior to the property.

Other States did define the phrase and I've provided a few of them here below. You may need to get your Association to clarify the definition within a resolution as it appears to be open for interpretation.

Tim


A 2008 bill in Utah defined it as:
"Ordinary public view" means within the natural visual range of an individual on a public street or sidewalk.


A Riverton, Wyoming ordinance defined it as: Definition. The phrase “screened from ordinary public view” means in a manner which does not constitute a health hazard, attract children, rodents, or pests, and is located away from public view, or screened from ordinary public view, by means of a suitable fence, trees, shrubbery, opaque covering or other appropriate means.


A 2002 bill in the VA Senate defined it as: "Shielded from ordinary public view" means not visible by someone standing at ground level from outside of the property on which the inoperable vehicle is located.



An Oregon bill defined it as: 'Ordinary public view' means within normal visual range by a person on a public street or sidewalk adjacent to real property.


A Kentucky statute defines it as: "Ordinary public view" means a sight line within normal visual range by a person on a public street or sidewalk adjacent to real property;


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Forums > Homeowner Association > HOA Discussions > Definition of "ordinary public view"



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