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Lisa and Courtney, thank you for drawing attention to the new language in the restrictive covenants dealing with height restrictions. If I understand correctly, the proposed language would restrict a very small number of oceanfront properties from building any higher than they already stand, and from building as high as the majority of the other oceanfront properties in our community. Someone please correct me if I’m wrong.
I own #2 North Beach Condos, at the south end of Ocean Road. Our house has been in our family since 1982. Unlike most of the other oceanfront homes, which appear to stand much taller, we don’t have a third story. Although we have no current plans to “build up,” I’ve always assumed that, just like most of the other oceanfront properties, we could at some future date add a third floor, as long as we followed applicable state and local laws, and didn’t exceed whatever height restrictions have been applied to all of the other, much taller oceanfront properties in Tower Shores that have been expanded upwards over the years. I was stunned to hear that language had been proposed for new restrictive covenants that would eliminate our right to do so, dramatically limiting both our flexibility for any future renovations, and our property value.
I’ve looked through the Tower Shores website, and I can’t find any information or discussion about why this restriction was added. I can’t imagine how restricting the right of the few remaining “lower” oceanfront properties to build as high as all of the other oceanfront properties would benefit the community as a whole. The only benefit to anyone that I can imagine would be to any properties immediately behind us, providing them with a less obstructed view of the ocean, at our expense. Aside from this being a completely inappropriate reason to propose this change, I have no reason to believe that our neighbors behind us sought this amendment, or even know about it.
I’d like to understand why this change is being sought–who proposed it, and why? I’d like to assume that this is some kind of mistake, but the response to Lisa and Courtney’s post proposing that the change not take effect until 2020 in order to, I guess, allow folks to scramble to “build up” before some deadline passes makes me think that this change was intentional.
I’m not a real estate attorney or a developer, and I don’t have a sophisticated understanding of zoning issues, but I’m extremely concerned that a change that would affect only a small number of owners in such a drastic way, and doesn’t appear to benefit the community as a whole, is even being put up for a majority vote, without some kind of explanation about why this change is sought.