Where do we draw the line when it comes to view protection?
The Covenant Review Committee (CRC) has the sole authority to approve or deny any improvements, construction, and alterations in most Somerset divisions. It is up to the CRC’s discretion whether a structure is suitable or desirable, how high it can be built, and if it will affect or impair the view, outlook, and harmony of surrounding properties.
To ensure consistency of CRC decision-making processes, the View Guideline was created in 2008 with the help of the CRC’s long-standing attorney. “The Spirit of the Guideline” was “to preserve the views of a house, the way they were, when the house was Built,” specifically the View (elements above the red line) above the View Line (green line). That left the protection of territorial views (area between the two lines) open to interpretation by the CRC.
In 2022, the CRC denied a second story addition that would go up to the red line. The 2-page denial letter that their attorney helped draft referenced the “effect of the proposed structure to uphill neighbor territorial views,” and the “lack of harmony with style and size of adjacent properties.” It also stated that “simply staying beneath [the red] line does not, alone, make the proposed improvement “suitable” or “desirable”.”
In 2023, the Somerset Community Association (SCA) Board appointed a new Chair of the CRC - the same applicant whose second story addition was denied (twice). Her mother-in-law also happens to be the President of the SCA Board.
That same year, the CRC’s long-standing attorney retired and the Chair of the CRC recommended a new attorney. With the new attorney’s help, the CRC approved a second story addition in Division 8, allowing the new roof-line to be built up to the red line. The 52-page approval letter seemed to provide legal rebuttals to all the reasons why the Chair’s own proposal was denied in 2022.
The CRC also used the new attorney to unilaterally change the View Guideline without any public input or notice. The new View Guideline completely eliminated “The Spirit of the Guideline” and the concept of a View Line.
A group of Division 8 neighbors impacted by the second story approval filed a lawsuit, but unfortunately lost as the judge upheld the CRC’s decision, costing them over $100,000 in legal fees. The CRC used this as a teachable moment to the community that territorial views are not protected and building up to the red line is fair and valid under the property owner’s right to construct.
Outraged by what has happened over the past few years, homeowners have come together to form the Somerset View Crew. We have knocked on every door in Division 8 and 94% of the people contacted condemned the CRC’s recent actions. They agreed that Covenant amendments were needed to protect our views and property values, as well as the look and feel of our community. Amendments were developed and approved by a majority of Division 8 property owners, and legally filed on September 10th, 2024.
The CRC and SCA were notified and invited to meet to discuss a smooth implementation of the amendments. However, the CRC said they would not enforce the amendments and used their attorney to invalidate them instead. Homeowners are infuriated that the CRC feels empowered to make such drastic and destructive changes on their own and is fighting against the community as we try to protect our best interests.
We are now calling upon homeowners in all divisions to come together to amend our Covenants. We want simple, sensible protections that will endure, regardless of the personal interests of CRC members. The Division 8 amendments made 2 simple adjustments that other divisions can adopt or build upon:
The maximum height of each residence shall not exceed the height of the original house existing on the lot
Vegetation cannot grow higher than the View Line for views with identified elements
This ensures:
Current views are protected (if you buy or sell a view, it will endure)
The maximum height for any remodel is known in advance with certainty
Oversized houses and overgrowth of vegetation will not be permitted
The smooth ridgelines carefully created by the original developers are protected
The CRC can never again reverse the criteria for view protection