CC&R Vote: Protecting Our Skyline: Why the Explicit Prohibition of Roof Decks is Essential

Maintaining the unique aesthetic and peaceful environment of Sunset Mesa requires a proactive approach to our architectural standards. The original developers of our community did not include roof decks in their designs, and they did so for a very good reason. 

While the SMPOA has always prohibited roof decks based on our interpretation of the existing CC&Rs, we are seeing a shift in the real estate landscape. New owners and developers entering the neighborhood often seek to maximize their financial investments and may be tempted to challenge our long-standing prohibition. Although we are confident that the Association would prevail in a legal argument regarding this interpretation, defending that position in court is a costly and time-consuming process. By making the prohibition explicit in our governing documents, we provide full clarity to all current members and prospective buyers. This transparency makes it far less likely that a developer will challenge the rules, which ultimately saves the Association's precious resources and prevents the "ambiguity" that leads to expensive disputes.

Sunset Mesa is famously built with a tiered, stadium-style layout, which means the vast majority of our stunning ocean views are maintained by looking over the tops of the homes in front of us. Even if a bare roof deck itself does not seem to create a blatant ocean view interference, the reality of a lived-in deck is very different. Once a deck is populated with patio furniture, large potted plants, and sun umbrellas, it creates a visual barrier that can significantly obstruct the "over-the-top" views that our neighbors rely on.

The tiered nature of our hillside homes also creates a significant concern regarding personal privacy. Because of the elevation changes between streets, many potential roof decks would be positioned to look directly down into the windows and bedrooms of neighboring homes. This creates an intrusive environment that is contrary to the residential character we all value. Furthermore, the elevated position of a roof deck allows the noise from parties, music, and social get-togethers to carry widely across the Mesa. Unlike a ground-level patio where sound is often muffled by walls or landscaping, noise from a roof deck travels unimpeded, which can easily disturb the peace and quiet of the entire block.

The Board proposes adding the following new section (t) to the CC&Rs:

(t) Prohibition Against Roof Decks: No lot/owner shall construct, install, or maintain any roof deck within any lot. For purposes of this section, a “roof deck” shall mean and refer to any area, platform, or structure designed or used for use/occupancy, recreation, or seating that is located above the roof or upper surface of a dwelling, residence, garage, or other building where a roof would ordinarily exist. This prohibition includes, without limitation, any deck, terrace, or flat roof area improved or used for human occupancy, recreation, or outdoor living space above a structure. Nothing in this section shall be interpreted to prohibit or restrict the construction of free-standing decks, patios, balconies, or terraces located on the ground, on hillside slopes, or attached to the front, side or rear of a residence or dwelling, provided such structures otherwise comply with any architectural requirements of this Declaration, any other governing documents, and applicable building codes.