Roof Deck Prohibition
For as long as anyone can remember, SMPOA boards have interpreted our CC&Rs to prohibit roof decks. That interpretation has been challenged in court before — and it has never lost. This amendment does not change that rule. It writes it down in plain, explicit language so it can never again be seriously challenged.
Goal: Preserving views, privacy, and tranquility.
Sunset Mesa was built as a tiered, stadium-style neighborhood specifically so that homes set back from the ocean could still see over the rooftops in front of them. That design only works if roofs stay roofs. This amendment adds express language to the CC&Rs so there is no ambiguity left to argue about.
View Protection: A bare deck might seem harmless, but once it is filled with furniture, plants, and umbrellas, it becomes a real, permanent visual barrier for the neighbors behind it — defeating the entire premise of Sunset Mesa’s tiered layout.
Privacy: Because of that same tiered topography, roof decks would look directly into the bedrooms and private outdoor spaces of the homes above and below it.
Noise Control: Sound from an elevated deck travels much farther than noise at ground level, and can disturb an entire block, not just next-door neighbors.
Legal Clarity: Explicit language removes the incentive for a developer or new owner to test our rules in court, sparing the Association the time and expense of defending a policy we have always enforced.
We are not asking anyone to give up something they already had. A small number of homes had roof decks before the fire — most built decades ago, with no surviving record of how they were approved. The Board and the Architecture Committee agree that those homeowners should be able to rebuild what they had. So if an owner can show their home had a roof deck before the fire, and there is no record of the AC ever denying it, the AC will approve a rebuilt deck in the exact same size, height, and position as before. Everyone else builds under the same rule that has always applied.
The AC has already reviewed dozens of rebuild plans that initially included a roof deck. In nearly every case, once the prohibition was explained, the owner respectfully removed it — because homeowners here understand and respect this rule. We do not want to keep fighting this same battle plan by plan, or risk having to defend it in court again. Passing this amendment turns a policy we have always enforced into an explicit rule no one can credibly dispute — protecting the views, privacy, and quiet that define Sunset Mesa.
New Amendment Verbiage:
(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.