If, after the owners have made a good faith effort in writing, to resolve a dispute concerning views, there is still a dispute between owners, the dispute shall be submitted to the Architectural Committee for review. The Architectural Committee shall then make a determination as to whether the plant material/hedges constitute an unreasonable view obstruction pursuant to its authority in Article 6, Section 6.12 of the CC&Rs. An obstruction shall be “unreasonable” if it exceeds forty-five (45) degrees to any one side.
The Architectural Committee may also determine the maximum height of plant material/hedges in dispute, which may vary from the standards and specifications referenced in the plant height chart in the Architectural & Landscape Guidelines. The determination of the Architectural Committee shall be binding. In all cases, the Board of Directors shall determine whether a violation exists.
If an owner fails to perform the necessary pruning, trimming, or thinning, the Association shall have the right, but not the obligation, to enter upon such Separate Interest for the purpose of performing such work.