What to Do If a Neighbor's Rebuild will Block Your Ocean View
The SMPOA maintains an interactive map of all the properties covered in our monthly reports, showing their status in the rebuilding process. You can access the map link from the SMPOAFireRebuildResources.pdf, a document we maintain on PayHOA in everyone’s document folder. Just login and navigate to the documents section to download the latest list of resources.
With the interactive map, you can see if there are any unauthorized constructions nearby and which plans have been denied in your view corridor. If you are concerned about any potential OVI from new construction or want to see plans that were submitted in your ocean view path, the AC can provide you with elevation views of the subject property. We also encourage homeowners to reach out to neighbors directly to request updates on their rebuild plans if there are any concerns.
Unfortunately, a very small number of property owners choose to disregard their negative AC letter of determination and build anyway, or otherwise bypass the AC review process laid out in the CC&Rs.
What to do if your View is Blocked
The association keeps meticulous records that cover the history of each property as it relates to rebuilding, the AC review process, communication to owners, photos and other details leading up to that point. If construction is not authorized, there will be records to back that up. The association will make these records available to homeowners that need support in defending their property rights. Depending on the situation, the association may take legal action to address CC&R violations, support other homeowners who are defending their ocean view rights or both. The first step is to register the concern via the online form for reporting OVI, or email the AC directly.
It is very important that homeowners act quickly if they suspect a home under construction will block their view. Normally the SMPOA will send a cease and desist letter to any homeowner that builds without an approved AC LOD. In the event the homeowner decides to plow on regardless, the next step is to file for a Temporary Restraining Order.
With your help and submissions, the association has increased its library of pre-fire ocean photos. This powerful database of images provides key evidence when plans are being reviewed for OVI and can be made available as evidence in the event of civil action if your property rights are violated by unreasonable OVI, especially if there is no record of that construction, fence or deck securing an approved LOD as specified in the CC&Rs.
This work is ongoing, so please submit your ocean view photos using our online form or email them to AC@sunsetmesa.org. The more photos we have on file, the more ocean views we can protect, including yours.