Facts

Clearlake Riviera Homeowners' Association sued Robert Cramer, owner of a house in the Clearlake Riviera Subdivision in Kelseyville (south of Lakeport), for violating height restrictions set forth in the governing CC&Rs. Clearlake Riviera alleged that Cramer was aware of and repeatedly warned about the height violations, but intentionally disregarded them in constructing his home. Cramer alleged that the height restrictions were vague, ambiguous, or otherwise unenforceable; alternatively, he argued that Clearlake Riviera was estopped from enforcing them because it had either waived them as to Cramer, or misled him to his detriment during the construction process.

At trial, the facts were essentially undisputed that the house was more than nine feet higher than permitted under the applicable height restrictions (assuming they were enforceable) and that it would cost many hundreds of thousands of dollars to abate the violation.

Result

Judgment for plaintiff. The court ruled that Cramer knowingly violated the height restrictions and that the violation must be abated irrespective of the costs involved.

Other Information

FILING DATE: June 29, 2006.