Trees, Fences & Views

Trees, Fences & Views FAQ

Q: What can I do if a neighbor's tree or landscaping is blocking my view?

A: The Peacock Gap CC&Rs protect certain established views, including views of Mt. Tamalpais, San Francisco, San Pablo Bay, San Francisco Bay, Peacock Gap Golf and Country Club, neighboring hills, and the lagoon. Homeowners may not plant, maintain, or allow trees, hedges, or other vegetation to grow in a manner that unreasonably obstructs a protected view or sunlight to a neighboring property's primary living or active-use areas.

If a view dispute arises, the CC&Rs require affected neighbors to first work directly with one another and then utilize Alternative Dispute Resolution (ADR) before pursuing legal action. Specifically, owner-to-owner disputes must first be submitted to mediation, with costs shared equally by the parties. If mediation is unsuccessful, the dispute proceeds to binding arbitration. The HOA is generally not the decision-maker in private view disputes and encourages neighbors to follow the mediation/arbitration process outlined in CC&R Sections 5.22 and 7.3(c)(2).

Q: Do I need HOA approval before installing a fence or wall?

A: Yes. Under CC&R Section 6.1(a), new fences and walls are considered architectural improvements and require prior written approval from the HOA before construction begins. Homeowners must comply with both City of San Rafael regulations and Peacock Gap HOA requirements.

For front-yard fences, CC&R Section 5.8(b) requires that the fence:

  1. Comply with City of San Rafael height and set back restrictions
  2. Comply with the HOA setback requirements contained in CC&R Section 6.4(e)
  3. Receive advance Architecture Review Committee approval.

Homeowners should note that HOA setback requirements may be more restrictive than City requirements, and the more restrictive standard will apply.

Before purchasing materials or beginning construction, homeowners are encouraged to review CC&R Sections 5.8, 6.1(a), and 6.4(e) and submit plans to the Architectural Review Committee. Obtaining a City permit does not eliminate the requirement to obtain HOA approval.

The HOA encourages neighbors to communicate directly and work collaboratively whenever possible before initiating a formal dispute process.

Submit for Review

The Architecture Review Committee typically provides approval 3 business days post the monthly board meeting which takes place on the first Wednesday of every month. 

 

If you do not hear back from the committee within thirty (30) days after submission you may consider your plans conclusively approved by the committee.

 

Submit Now
Section 5.22
Trees and Views
No Person shall plant, maintain, or permit to grow any tree, hedge, or other planting which unreasonably obstructs the view from, or sunlight reaching, the primary living area or active use area of any other Lot. In the event of any dispute arising between Owners and concerning a tree or view issue, the affected neighbors shall utilize the Mediation/Arbitration provisions described in Article VII, Section 7.3(c)(2). The view protected by this section is limited to (i) views of Mt. Tamalpais, San Francisco, San Pablo Bay, San Francisco Bay, Peacock Gap Golf and Country Club, neighboring hills, and the lagoon located within the Neighborhoods; and (ii) the view as it existed when the Lot was acquired by the Owner as documented by any party at the time of purchase by the Owner. The view protected by this section is not intended to be a completely unobstructed or unimpeded panorama of the listed scenes or vistas.