RE Q&A: Can New Tree Block Owner’s View?
Homeowners usually have no legal right to a view, but specific situations can make a difference including malicious intent to block a view
FORT LAUDERDALE, Fla. — Question: Can a community association plant a tree on the common property that will obstruct a single owner’s view of the ocean? — Roy
Answer: Homeowners, including those living in a community association, ordinarily have no legal right to a certain view.
However, like most issues involving legal rights, the specific facts of the situation can make a difference.
For example, a community association or an adjoining property owner cannot maliciously block someone’s view. A tree being purposefully placed to block a single owner’s view as retribution for the unit owner speaking out against the board could be challenged. Still, the unit owner would face the uphill battle of proving the board’s bad intention to the judge to prevail.
This would not be easy since associations have a lot of discretion regarding how they run their community and plan landscaping.
Your first step is to review your community’s declaration and other controlling documents.
Because some properties are marketed for unique characteristics, such as ocean-view apartments, many developers have “view preservation clauses” to prevent this situation.
If this does not apply to you, review your local ordinances. Some municipalities, especially coastal ones, have enacted special rules to protect their resident’s views from being blocked.
Your next step is to speak with your board of directors and express your concerns. Even without the above protections, your community might not realize that one of its members is concerned about this change.
Association directors volunteer for an often frustrating role to spend their free time helping their neighbors live in a well-run community. Serving on a board is a balancing act because it can be impossible to make everyone happy, with some residents wanting more landscaping and others complaining there is already too much.
When you speak with your board, politely point out your concerns, adding, as appropriate, that blocking your view violates your declaration or local law.
Hopefully, this will convince the board to change their landscaping plans.
If not, and you believe they are violating the rules or ordinances, or acting in bad faith to single you out, you should consult an experienced local attorney to discuss how to protect your rights.
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