The board is working with the City of Encinitas to identify specific code and covenant violations by Garden View HOA and recourse and remedies to rectify the situation, although we hope the issue can be resolved in an amicable and neighborly manner.
The construction of the 2 non-HOA homes (which comprise their own Garden View HOA) was approved by the city (Resolution No. PC-2000-64), provided that "All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties". "All landscaping, fences, walls, etc., on the site, in any adjoining public parkways (the area between the front property line and the street) shall be permanently maintained by the homeowners association... Failure to maintain landscaping and the site in general may result in the setting of a public hearing... This condition shall be recorded with the covenants required by this resolution."
