View Preservation in Mt. Olympus
For many years, the Board of the Mt. Olympus Property Owners Association (MOPOA) has worked diligently to inform residents about the vital issue of view preservation in our hillside community. Through newsletters, letters, and personal communication, we’ve emphasized the importance of complying with Section 5.03 of the CC&Rs, which governs tree height restrictions.
Our goal has always been to foster a community where neighbors respect each other's right to a reasonable and unobstructed view, particularly from trees that naturally grow and mature throughout Mt. Olympus. Maintaining these views requires regular trimming and thinning of trees on the front and back of private properties.
While many homeowners have been maintaining their trees in response to neighborly requests or the Association's guidance—some continue to violate the CC&Rs, allowing overgrown trees to obstruct scenic views.
This ongoing issue has led to several legal disputes. It is important to note that in every court case involving view obstruction within Mt. Olympus or other view-protected communities, the courts have consistently ruled in favor of the party whose view was obstructed. In some instances, judges have ordered trees to be trimmed to a maximum height of 10 feet, as specified in our governing documents.
MOPOA Procedure for Addressing View Obstruction
To help residents resolve these issues more efficiently and amicably, MOPOA has established the following step-by-step procedure:
1. Initial Contact
The affected homeowner must first make a good faith effort to contact the property owner responsible for the view obstruction, either in person or in writing, to seek a voluntary resolution.
2. Mediation by MOPOA
If the issue cannot be resolved directly, and if both parties agree, the Association will step in to mediate. Our Mediation Committee will work with both homeowners to help find a fair and reasonable solution.
3. Formal Notification
Should mediation fail, or if the offending party is unresponsive, the Association will, upon request, issue a formal letter documenting the violation of Section 5.03 of the CC&Rs. This letter will be sent to the offending party and shared with any affected neighbors. A copy will also be retained in MOPOA’s records.
4. Legal Action Support
If the violation continues, MOPOA will support the affected homeowner in legal action they choose to pursue. At its sole discretion, the Association may choose to join the lawsuit and may assign its right to recover legal fees to the affected party, should they prevail in court.
