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Legal Memorandum: Homeowners' Association's Powers in CA

Issue: Does California law allow a homeowners’ association to make a regulation protecting the views and air and light flow on the property of members?

Area of Law: Litigation & Procedure, Real Estate Law
Keywords: Homeowners' association; Right to pass a rule or regulation; Protection of views and air and light flow
Jurisdiction: California
Cited Cases: 69 Cal. Rptr. 2d 582
Cited Statutes: None
Date: 05/01/2005

It is settled that, under California law, a homeowners’ or property owners’ association may pass a rule or regulation protecting views and air and light flow for all property owners.  See Pacifica Homeowners’ Ass’n v. Wesley Palms Ret. Cmty., 178 Cal. App. 3d 1147, 1152, 224 Cal. Rptr. 380, 382 (1986).  Accord Kucera v. Lizza, 59 Cal. App. 4th 1141, 69 Cal. Rptr. 2d 582 (1998) (town ordinance restricting tree growth). 

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