Question: I live in a six-story condominium. My unit is on the third floor and I have, or used to have, a view of the Gulf of Mexico. There are several trees outside my unit that have become overgrown and have severely limited the view of the Gulf from my unit. I asked the board to have the trees trimmed to improve my view. They rejected my request by saying that the landscaper recommended the trees not be trimmed at this time. I am considering putting my unit up for sale and the lack of a Gulf view will be a problem. Can I demand the association trim the trees so I can get my view of the Gulf back? — T.E., Naples
Answer: Probably not. Florida courts have held that there is no inherent “easement to a view.” More than 50 years ago, there was an epic legal battle in Miami Beach between the Eden Roc Hotel and the Fontainebleau Hotel regarding the right to a view. The Eden Roc objected when the Fontainebleau proposed to construct an additional 14 stories that would shade the pool and sunbathing areas of the Eden Roc. The court ruled that the Eden Roc did not have an easement of light that would prevent the Fontainebleau from adding the additional stories.
The Fontainebleau case involved neighboring landowners, a situation somewhat different from yours legally. However, several condominium arbitration decisions have addressed similar disputes and have held that a condo unit owner does not have a specific right to an unobstructed view, at least absent an expression of that right in the declaration of condominium.
These cases have confirmed that the subject associations were not required to trim their landscaping simply because an owner demanded it. However, this specific issue has yet to be squarely addressed in the courts. Although arbitration decisions are not afforded the same weight as appellate court cases, they are persuasive authority and will be specifically relied upon in any condominium arbitration proceeding.
David G. Muller is an attorney with the law firm of Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 11 other Florida cities. The firm focuses a substantial amount of its practice on condominium and homeowners association law.
Originally posted on Florida Condo Law HOA Blog