In Clear Lake Riviera v. Cramer
, the court ordered a homeowner who knowingly built a home in
violation of the association’s height restrictions to fully comply with
the HOA’s architectural guidelines, even though reducing the height of
the owner’s house “will be expensive and inconvenient, and its cost may
exceed the amount of economic harm inflicted…on the neighboring
properties, at least as measured by the diminution in market value of
court ruled that the non-conforming house must be reconstructed to
comply with the Association’s height restrictions, reasoning that:
The violation of the height restriction was not “innocent” because the
offending homeowner was aware of the restriction.
The violation caused irreparable harm to neighbors because the
new construction blocked their views of the lake.
Additionally, the neighbors suffered a loss of privacy, since the new
house looked onto these residences.
The $200,000 cost of correcting the violation was not “grossly
disproportionate” to the hardship caused to the association because the
height violation caused the value of one neighbor’s home to be
diminished by over $75,000.
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