A Snohomish County homeowner recently
proposed to increase the height of his roof by seven feet, which obstructed the
view of Puget Sound from at least one neighboring house. After the Picnic
Point Homeowners Association denied his proposal, the homeowner sued. The
Court of Appeals ruled in a published opinion last month that the plain
language of the covenants and the relevant extrinsic evidence supported the
Association's enforcement decision.
The Association’s covenants state that “no structures,
including fences, hedges or boundary walls, may be constructed or modified on
any parcel to a height which would … obstruct the Puget Sound or park view of
any other parcel.” The appellate court held that this plainly prohibits
any view obstruction, no matter how minimal. The Court pointed out that
permitting marginal obstructions would result in the gradual elimination of the
views that the covenants are attempting to protect.
