Hope Ranch Homeowners Battle over Height Limits
Will Property Owners Be Allowed to Waive Restrictive Deeds?
This article was underwritten in part by the Mickey Flacks Journalism Fund for Social Justice, a proud, innovative supporter of local news. To make a contribution go to sbcan.org/journalism_fund.
Whether Santa Barbara County upholds a nearly 85-year-old height restriction on a property in Hope Ranch could impact which future developments can gain approval in the upscale coastal residential community.
When the ranch was first developed roughly 100 years ago, some properties had deed restrictions, limiting residences to a single story.
The current complaint, filed by Max Liskin in June 2022, alleges that the Hope Ranch Park Homes Association and Marc and Pauline Lowe entered into an agreement to waive a 1940 deed that restricted the number of stories on the Lowes’ property. It alleges they did so without telling Lowes’ next-door neighbor, Max Liskin, or publicizing the board meeting where the decision was approved.
In a letter to Hope Ranch’s HOA, dated earlier that year, Liskin stated he opposed the two-story plan, saying that it would impact his views and privacy. At least two other neighbors wrote letters opposing the project.
Liskin’s initial complaint charged HOA members and the association with a breach of fiduciary duties and fraudulent concealment, but a settlement was reached that dropped these charges removing the need for a jury trial.
Now, a major question remains: Should the courts uphold the 1940 deed restriction?
Liskin’s team argues that the Lowes’ property is subject to the deed restriction that protected the privacy and character of the area and that the Lowes’ proposed 8,300-square-foot building near the bluff’s edge will adversely affect Liskin.
The Lowes’ defense argues that if the restriction is upheld, the Lowes will be the only property owners on the bluff-top side of the street who are unable to build a two-story home, and that another home with a single-story height restriction in their deed has already built two stories.
On October 29, Judge Donna Geck requested statements of decision from both parties, which are due November 22. Judge Geck will later make a final decision.
