"The CC&Rs have not expired or ruled invalid.
They remain legally binding on all lots within the Lachman Tracts."
They remain legally binding on all lots within the Lachman Tracts."
URGENT URGENT
MKPOA established Legal Defense Fund. Donate here
March 10, 2025
Dear Marquez Knolls Property Owner or Resident,
Before the Palisades Fire, the Marquez Knolls was celebrated for its stunning mountain, city, and ocean views. The fire brought unthinkable destruction to our community—creating a deep scar on both the land and our collective psyche that will take years to heal. But even before the fire, these cherished views faced threats from various sources: a 2019 court ruling, new construction (including tear-downs and renovations that increase height or footprint), and improperly maintained landscaping blocking neighbors’ views. To address these threats, the Marquez Knolls Property Owners Association (MKPOA) engaged outside legal counsel in 2024 to work with us and our other advisors to prepare the attached White Paper containing an extensive legal analysis of the three California Court of Appeals cases that have interpreted the Covenants, Conditions, and Restrictions (CC&Rs) applicable to all lots in the 22 “Lachman Tracts” that have historically protected these views by generally limiting homes to one-story in height and prohibiting landscaping from blocking views.
When we started, the White Paper was intended to provide guidance to current and future owners to preserve the unique neighborhood character of the Marquez Knolls as meticulously planned by the original developers.
After the fire, the need to provide this guidance is dire, as more than fifty percent of our neighborhood has been destroyed and needs to be rebuilt as soon as possible. All the MKPOA Board members own property in the Marquez Knolls and want to see our beloved community rebuilt. Like you, MKPOA Board members are participating in multiple chats, zoom calls, and other meetings and have been talking to our neighbors throughout the Palisades. The one unifying theme in these conversations is that Palisadians, both those who lost their homes and want to rebuild and those whose homes are still standing- do not allow the rebuilding process to change the character of the Palisades.
MKPOA recognizes that some people will be selling their lots or homes because they can’t financially and/or emotionally bear the costs of rebuilding or restarting their lives. We wish them the best as they move on and heal. And let’s also be honest, the community will need responsible developers who are willing to take the risk to buy burnt lots and build, along with current homeowners who decide to rebuild, otherwise these lots will be a blight on the neighborhood for years to come. MKPOA wants all builders to follow the rules, including the City’s regulations and the rules enshrined in the CC&Rs, because this is the only way to preserve our neighborhood character that has existed for over 60 years. And, as detailed in the White Paper, the CC&Rs have not expired or ruled invalid. They remain legally binding on all lots within the Lachman Tracts.
To preserve the unique character of the Marquez Knolls, each of us will have to remain vigilant. The City of Los Angeles does not enforce private CC&Rs. It is up to individual property owners to uphold them, with support from your homeowner association, MKPOA. A recent Mayoral Executive Order instructs City departments to expedite the building permit review process for homes that are up to 10% greater than the size and height of the former home. MKPOA believes that all rebuilds in tracts covered by the CC&Rs must comply with the limitations contained in the CC&Rs. Therefore, if the 10% increase in height or size negatively impacts the views from another lot, it is not permitted under the CC&Rs and can be subject to litigation even if the City issues a building permit.
Whether Marquez Knolls is rebuilt with the same aesthetic that attracted you to the neighborhood in the first place--a community where homes were designed to maximize views from all lots, where you could see the ocean, the mountains, and the sky as you drove through the community, or it is rebuilt without regards to your rights to a protected view, where “sue me if you don’t like it” becomes the neighborhood mantra, is up to all of us. We have the tools to protect our collective views, so let’s use them together. To assist in the process of review and assistance to homeowners, MKPOA is creating written procedures and an application for rebuild projects that increase the height, size, or location of the home that was lost or is going to be remodeled. There will be particular emphasis on proposed homes greater than one story in height. We know this process must be understandable, fair, prompt, and transparent. While we are finalizing the details for the review process, MKPOA felt we should release the White Paper given that so many people have been affected and want to start the rebuilding process. Once we have finalized the review procedures, they will be distributed, and MKPOA will schedule a community Zoom meeting where you can have the opportunity to ask us and our advisors about the White Paper and how the CC&Rs affect the rebuilding process.
MKPOA has created a Legal Defense Fund to help support homeowners in protecting their views. Our goal is to raise a minimum of $150,000 in the next thirty days to help homeowners wishing to protect their view rights, preserve neighborhood character, and avoid costly and destructive legal fights. Funds raised will be used primarily for legal expenses related to advising and supporting homeowners facing view-obstructing rebuild projects.
PAYING WITH CHECK?
Make checks payable to "Marquez Knolls Property Owners Association" and mail checks to: P.O. Box 1307, Pacific Palisades, CA 90272.
Please note, if you are considering a contribution of $1000 or more, please contact MKPOA President Howard Robinson (howard@howardrobinson.net) or Vice-President Robert Gold (robertgold100@gmail.com) to discuss.
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