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Tribune News Service
Tribune News Service
Business
Gary M. Singer

Real estate Q&A: Homeowner not legally entitled to unobstructed view

Q: We live in a condo with a beautiful waterfront view, but the management company just put up a "Do not feed the wildlife" warning sign that partially obscures our view. We're concerned this will hurt the resale value. What can we do?

_Jack

A: Generally, you don't have a legally protected right to the view from your home. However, there are many exceptions to this rule. The first thing to consider is whether your association had a reasonable excuse for obstructing your view. It has been found, for example, that planting trees that may block a homeowner's view was reasonable, but putting up a billboard was not. Putting up a sign with a wildlife warning seems reasonable.

You also should review your association documents to see if they contain any restrictions about blocking a unit owner's view. While this is not a standard feature in condo documents, some have such restrictions, especially when the view was a major selling point for the condo. In a similar vein, check to see if your city has any ordinances concerning homeowners' views.

Finally, speak with the board members to see if they would be willing to move the sign. While the sign still needs to be visible to protect people in the community, maybe there's another spot that wouldn't block views.

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