Boulder, CO asked in Real Estate Law for Colorado

Q: Can an HOA enforce view corridors of neighbors for building a house? Is there a law, or case on the topic?

An HOA claims they can enforce a lower height limit than usual, or a larger setback than usual, to keep us from building a house too close to a neighbor's view corridor (even though the neighbor thinks our proposed plan is fine). We are aware that a view easement can be purchased to protect a view across a neighbor's lot, but cannot find documentation on if a neighbor "owns" a view without an easement.

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1 Lawyer Answer
Donald C Eby
Donald C Eby
  • Colorado Springs, CO
  • Licensed in Colorado

A: It is possible for an HOA to have this authority. But, it is also common for HOAs to overstep the limits of their authority. I recommend contacting an attorney who represents homeowners against HOAs to review any documents, HOA Covenants, bylaws, rejection letter, recorded easements, etc. and advise you RE your rights, remedies, options, etc.

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