Stones

FACTS

Charles Stones has owned a home in Hope Ranch for over 30 years. The home has ocean views. Hope Ranch is governed by the Hope Ranch Park Homes Association (Association). The parcels in Hope Ranch are subject to covenants, conditions and restrictions (CC&Rs). The CC&Rs contain provisions giving the Association the power to regulate the height of trees and other plants to protect views from adjacent lots and to protect the privacy of the owner of the lots containing the trees or plants. William and Carol Foley were Stones's neighbors. They planted vegetation that Stones believed obstructed his ocean view. In a preemptive strike, the Foleys brought an action against Stones to bar him from enforcing the view rights granted to him by the CC&Rs. The action resulted in a judgment in favor of Stones, holding that he had enforceable view corridors over the Foleys' parcel. (Foley v. Stones (March 13, 2000) 2d Civil No. B128600 [nonpub. opn.].) In 2002, the Association met with the parties to develop a plan to preserve Stones' views. The plan is designated by the parties as the "2002 Decision." It prohibits the Foleys from planting any new vegetation that would…