Hope Ranch Height Restriction Ruled Unenforceable
Judge Donna Geck Rules That an 85-Year-Old Property Deed Is Not Valid
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Santa Barbara County’s superior court has ruled that a nearly 85-year height restriction on a property in Hope Ranch is unenforceable.
The decision comes after a civil suit between Hope Ranch residents Max Liskin and Marc and Pauline Lowe, Liskin’s neighbors who sought to waive a 1940 deed on their property that would have restricted any home they built to a single story. The court’s decision states that the one-story restriction is not a general restriction and other properties in the area with single-story height restriction deeds had multi-story homes. It also states that the one-story restriction is not necessary to protect Hope Ranch’s views, privacy, or rural character.
Liskin’s initial complaint also charged HOA members and the association with a breach of fiduciary duties and fraudulent concealment, citing how the members and the association initially attempted to waive the deed. These parties settled earlier this year.
