CC&Rs / View Protection | Marquez Knolls Property Owners Association

“If all views are not respected, then no view is protected.”

CC&Rs are private agreements that are recorded and run with the land and are binding on the original and successive property owners. The City of Los Angeles does not enforce private CC&Rs. It is up to the individual property owners affect to uphold.

MKPOA is here to assist in upholding the CC&Rs and with outside legal counsel, as prepared a Position Statement and a View Protection Legal Defense Fund to assist in supporting the CC&Rs.

If you are not sure if your property is in a tract with CC&Rs, please check with your title company or use our Find the CC&Rs for Your Tract below.

View Protection Defense Fund

MKPOA has created a Legal Defense Fund to help support homeowners who need assistance in supporting the view protection provisions of the CC&Rs and for community outreach. Our goal is to raise a minimum of $150,000 to help homeowners wishing to protect their view rights, preserve neighborhood character consistent with the terms of the CC&Rs, which we also hope will avoid costly and destructive legal ﬁghts. Funds raised will be used for MKPOA’s legal, expert consultants and community outreach expenses related to advising and supporting homeowners facing view-obstructing rebuild projects.

PAYING WITH CHECK?
Make checks payable to “Marquez Knolls Property Owners Association” and mail checks to: P.O. Box 1307, Paciﬁc Palisades, CA 90272.

Please note, if you are considering a contribution of $1000 or more, please contact MKPOA President Howard Robinson ([email protected]) or Vice-President Robert Gold ([email protected]) to discuss.

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MKPOA Letter on CC&R Position Statement
and View Protection Legal Defense Fund

March 6, 2025

Dear Marquez Knolls Property Owner or Resident,

To preserve the unique character of the Marquez Knolls, each of us will have to remain vigilant. The City of Los Angeles does not enforce private CC&Rs. It is up to individual property owners to uphold them, with support from your homeowner association, MKPOA. A recent Mayoral Executive Order instructs City departments to expedite the building permit review process for homes up to 10% greater than the size and height of the former house. MKPOA believes that all rebuilds in tracts covered by the CC&Rs must comply with the limitations contained in the CC&Rs. Therefore, if the 10% increase in height or size negatively impacts the views from another lot, it is not permitted under the CC&Rs and can be subject to litigation even if the City issues a building permit.

Whether Marquez Knolls is rebuilt with the same aesthetic that attracted you to the neighborhood in the ﬁrst place–a community where homes were designed to maximize views from all lots, where you could see the ocean, the mountains, and the sky as you drove through the community, or it is rebuilt without regard your rights to a protected view, where “sue me if you don’t like it” becomes the neighborhood mantra, is up to all of us. We have the tools to protect our collective views, so let’s use them together.

The Marquez Knolls Property Owners Association (MKPOA) engaged outside legal counsel in 2024 to work with us and our other advisors to prepare a Position Statement an extensive legal analysis of the three California Court of Appeals cases that have interpreted the Covenants, Conditions, and Restrictions (CC&Rs) applicable to all lots in the 22 “Lachman Tracts” that have historically protected these views by generally limiting homes to one-story in height and prohibiting landscaping from blocking views.

Below is the Executive Summary of the Position Statement and you can view and download the entire document by clicking here.

When we started, the Position Statement was intended to provide guidance to current and future owners on preserving the unique neighborhood character of the Marquez Knolls, as meticulously planned and constructed by the original developers.

After the ﬁre, the need to provide this guidance was dire, as more than ﬁfty percent of our neighborhood was destroyed and needs to be rebuilt as soon as possible. All the MKPOA Board members own property in the Marquez Knolls and want to see our beloved community rebuilt.

MKPOA wants all builders to follow the rules, including the City’s regulations and the rules enshrined in the CC&Rs, because this is the only way to preserve our neighborhood’s over 60-year-old character. As detailed in the White Paper, the CC&Rs have not expired or been ruled invalid. They remain legally binding on all lots within the Lachman Tracts.

To assist in the review process and provide guidance to homeowners, MKPOA is creating written procedures and an application for rebuild projects that increase the height, size, or location of the home that was lost or is going to be remodeled. There will be particular emphasis on proposed homes greater than one story in height. We know this process must be understandable, fair, prompt, and transparent.

While we are ﬁnalizing the details for the review process, MKPOA felt we should release the White Paper given that so many people have been affected and want to start the rebuilding process. Once we have ﬁnalized the review procedures, they will be distributed, and MKPOA will schedule a community Zoom meeting where you can have the opportunity to ask us and our advisors about the White Paper and how the CC&Rs affect the rebuilding process.

MKPOA has created a Legal Defense Fund to help homeowners protect their views. We aim to initially raise $150,000 to help homeowners wishing to protect their view rights, preserve neighborhood character, and avoid costly and destructive legal ﬁghts. Funds raised will be used primarily for legal expenses related to advising and supporting homeowners facing view-obstructing rebuild projects.

Please make checks payable to Marquez Knolls Property Owners Association and mail to P.O. Box 1307, Paciﬁc Palisades, CA 90272. You can also pay through PayPal or Square using the QR codes below. If you are considering a contribution of $1000 or more, don’t hesitate to get in touch with MKPOA President Howard Robinson ([email protected]) or Vice-President Robert Gold ([email protected]) to discuss.

Thank you. Together we will rebuild the Marquez Knolls.

Sincerely,

Your MKPOA Board of Directors

Howard Robinson, President, [email protected]
Robert Gold, Vice-President, [email protected]
Mark Galanty, Secretary, [email protected]
Robert Trinkkeller, Treasurer, [email protected]
Dikran Dalian, [email protected]
Michael Edlen, [email protected]
Daniel Ehrensaft, [email protected]
Marie McKenna, [email protected]
Marc McTizic, [email protected]
Michelle Oliver, [email protected]
Ali Rassekhi, [email protected]
Mark Rhomberg, [email protected]

MKPOA CC&R Position Statement Executive Summary

The Marquez Knolls Property Owners Association (MKPOA) seeks to provide analysis and guidance to its members, non-member property owners in the Marquez Knoll neighborhood, and real estate professionals/consultants concerning the legal status of the Marquez Knolls Covenants, Conditions and Restrictions (CC&Rs) after the most recent Court of Appeals case that reviewed the CC&Rs and to clarify misconceptions regarding the enforceability of the CC&Rs specifically with respect to restrictions on building heights. This document addresses recent trends involving (1) erroneous claims that court rulings have invalidated the CC&Rs or the CC&Rs have expired and (2) contrary to the general limitations in the CC&Rs, an increase in building permit applications for two-story homes and taller one-story homes, which will only increase during the rebuilding process following the Palisades Fire. This document applies only to lots located in tracts with recorded CC&Rs, which comprise the majority of the MKPOA geographical area.

Key Points:

1. Legal Status of CC&Rs:

Although one provision of the CC&Rs explicitly expired, the balance of the CC&Rs remain valid and enforceable, and MKPOA retains authority to oversee construction projects affecting views. Homeowners are advised to adhere to the provisions of the CC&Rs, prioritize neighborly cooperation, and engage with MKPOA for approval of plans that might impact neighbors’ views and the neighborhood character. The CC&Rs also contain provisions concerning the size of setbacks and the height of fences and walls.
California courts have not ruled the Marquez Knolls CC&Rs unenforceable or expired. The MKPOA retains authority to approve second-story additions and new structures greater than one-story in height.
In 1979, the Court of Appeals in Ezer v. Fuchsloch, in a decision concerning view obstruction by a tree, ruled that the CC&Rs “reflects a plain intent and purpose to maintain a one-story height for all structures and trees in the tract in order to preserve the ‘view’ of the individual lot owners.”
In two Court of Appeals cases, Zabrucky v. McAdams (2005) and Eisen v. Tavangarian (2019), conflicting interpretations of CC&R provisions on view obstruction by structures were issued. Zabrucky fully endorsed the view protection provisions of the CC&Rs, while Eisen narrowed the scope of one of the view protection provisions in the CC&Rs. However, neither case invalidated the CC&Rs. Under California, both cases (as well as Ezer) remain valid precedents. In the event a lawsuit is commenced, the courts have discretion as to which case to follow. In other words, a Court is not required to follow the Eisen decision, even though it was decided after Ezer and Zabrucky.

2. Misinterpretation of Eisen:

The Eisen decision narrowly addressed alterations to an approved existing two-story home. Eisen did not rule on whether or in what circumstances adding a second story to a single-story home or tearing down an existing one-story house and replacing it with a new house greater than one-story in height would be permitted.
The Eisen case has been incorrectly cited by some as completely invalidating all the CC&Rs view protection provisions or MKPOA’s authority to review projects that would detract from views from other lots.

3. MKPOA Authority:

MKPOA asserts its authority, as the assignee of the Declarants’ (the original developers) rights, to review and approve any structure exceeding one story in height in accordance with CC&Rs.
The CC&Rs, including the Declarants’ rights as later assigned to MKPOA, are perpetual and continue to restrict construction that detracts from or obstructs the views of neighboring lots.

4. Flaws in the Eisen decision:

The Eisen decision failed to consider the original actual intent of the Declarants when implementing the CC&Rs and their provisions for view protection despite thorough analysis of the Declarants’ intent in Ezer.
It misinterpreted the definition of “structures” and overlooked critical evidence, including the Declarants’ Assignment of Rights to MKPOA in 1996 and the manner of how the community was actually built which, where possible, created and prioritized views from each lot.
Numerous other flaws in the Eisen decision are described in the Discussion section of this document.

5. Two-Story Homes:

There have been several recent Marquez applications to the City of Los Angeles to build new two-story homes. These applications have disregarded the need for MKPOA’s review to ensure compliance with CC&Rs. MKPOA maintains that any such project, including fire rebuilds, require its approval, as do remodels that may increase the height or the footprint of the existing structure(s).
Homeowners considering a fire rebuild, remodel to add a second story or tearing down an existing home and constructing of a new home of greater height or size, are advised to contact MKPOA to determine whether the project needs MKPOA review.
The CC&Rs do not prohibit homes greater than one-story in height, provided the home does not detract from views from other lots.

6. Homeowner Enforcement of CC&Rs:

CC&Rs are private contracts enforceable by individual property owners. While the City of Los Angeles may issue permits, including expedited permits for fire rebuilds, these permits do not override CC&R restrictions.
Homeowners are encouraged to collaborate with neighbors, consult MKPOA, and seek legal advice if conflicts arise concerning view impacts. If legal action is commenced to prevent what is perceived as detraction of views, homeowners are also advised to seek to have the court apply Ezer and Zabrucky, which MKPOA believes correctly interpreted the plain meaning of the CC&Rs and the intent of the original Declarants, rather than Eisen.

Read the complete MKPOA position statement