[quote=XBoxBoy]In the end I think the case basically comes down to the homeowner saying, “hey I want to do this, I’ve got money, and if you want to litigate I’ll bury you in costs.” Since it’s unlikely the community will pony up the cash to fight this, my hunch is it’s a done deal.[/quote]

Unfortunately, this is pretty much the truth. Even with iron clad covenants and iron fisted HOA’s, design review boards can only really enforce the form of the form/function ballance. They can stipulate height restrictions, color pallettes, general architectural styles, coverage ratios, etc…

They can’t stipulate the function side of the equation being what you ultimately design to fit your needs and where you put it on your property as long as it does not violate any of the form requirements.

In the absence of a specific deed restriction on a particular property, in california there are no view guarantees for properties around you. That does not mean in places like La Jolla or Del Mar that you won’t spend a LOT of money in court to be proven right.