We Defend the Declaration of Restrictions
In April 2018, a Lot owner who had applied to the ARC several times since 2013, and been denied a proposed second story addition each time due to the height limit for his Lot, started building a second story. Although he was aware of the restriction cited above, he began construction, which progressed quickly. After visits from ARC members trying to find alternatives to enlarge his living space, certified letters sent by the ARC requesting a work stoppage to discuss the violation of the DOR, construction continued. A Cease and Desist letter was sent promptly by a law firm. Construction continued. The ARC filed a lawsuit in May, and a Temporary Restraining Order (TRO) was issued to halt construction. In June, 2018, the court issued a Preliminary Injunction to replace the TRO. Shortly thereafter, the Lot owner filed a Cross Complaint. Named parties to the Cross Complaint were the ARC, the five ARC members as individuals, and Does 1-100 (potentially involving all residents of Fleetridge 1) in the suit.
The community of Fleetridge 1, and like-minded residents of Fleetridge 2, generously supported the extensive and expensive legal efforts. The Lot owner changed law firms several times, the ARC did not
But each firm’s change he made delayed progress, and usually started down a different path. This required even more briefs and attorney time as each new firm came up to speed on the case, developing new legal positions. None prevailed. It was a long effort, with numerous court hearings. But in early November 2019 a settlement was reached. The construction that was over the height limit was removed by the Lot owner within the 45-day period required, around Thanksgiving of 2019. After a short break, the Lot owner began considering his alternatives, and after several months and multiple submissions, began construction of an addition that met the requirements of the DOR instead of violating them.
This story is more complicated and much longer, as the community spent almost two years seeking to cure the violation and compel compliance with the DOR. Please do not buy in Fleetridge 1 if you want to add a second story. Most of Point Loma’s other neighborhoods have no height restrictions. There are other provisions of the Declaration of Restrictions that impact new construction. The City issuing a building permit does not supersede the DOR.
The DOR protects the unique character and property values of Fleetridge 1. The community takes these restrictions very seriously.
The ARC can be reached at [email protected]. Thank you for your time!