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Post by leokeeler on Nov 25, 2015 16:24:07 GMT -7
NOTE: Changes in the Declaration language are denoted with BOLD italics (new language) and strikethrough (removed language.)
GovDoc Comm Notes: Fire rules are already set and enforced by County and the Fire Marshall. We can put a link to the FireWise site on the GLA website to inform landowners of the laws. Some of these are also unenforceable by the GLA.
5.02. Fire Rules. The following fire rules shall be binding upon every parcel and are the responsibility of each Landowner: a. When the U.S. Forest Service or other public agency fire danger designation for the area is high, outdoor fires shall be burned only in an enclosed facility or receptacle having a properly operating and approved spark screen;
b. All fireplaces, whether inside a building or outdoors, shall have an approved spark screen covering the top of the chimney;
c. Chimneys and wood-burning-stove flues shall be cleaned regularly to reduce the hazard of house fires;
d. Any condition which creates a fire hazard shall not be permitted on a parcel. It is recommended that all structures be surrounded with an adequate fire-break;
e. A Landowner shall be liable to any damaged party for any negligently caused fires escaping from his parcel, except for those fires caused naturally by “act of God” or by an instrumentality outside of his control, such as lightning or a shorting power line crossing his property, etc.; and
f. All open fires or burning must be in compliance with applicable laws and regulations. Permits shall be obtained by Landowners when required.
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Post by leokeeler on Mar 6, 2016 11:25:18 GMT -7
Restating the State law and County ordinances as part of the Covenants enables Members to utilize 10.02 to correct a problem rather than trying to get the State or County actions. With all the discretion the Board currently has, and will obtain through the changes being proposed, landowners do not have any faith the Board will act to address problems, and Landowners benefit from having State and County laws restated within our covenants. Focusing on the word “shall” and trying to state it forces the Board to enforce State or County laws is a false statement. The Board does not have to take action to enforce of any covenant. Covenant 10.02 reads: “During such thirty (30) days, the Association may but is not obligated to, take action by notifying the Landowner(s) against whom the complaint is made of the alleged violation, initiating its own legal proceedings and/or submitting the complaint to binding arbitration ….” “The Association and representatives of the Association shall not be liable to any person or entity for any actions taken or not taken pursuant to the provisions in this section,” and Covenant 12.04 Liability of Association “The Association shall have no liability for any of its actions or failures to act Under Covenant 10.02, a Landowner only has to wait 30 days after filing a complaint with the Board before they can take action themselves to enforce a Covenant. In a discussion I had with the County attorney, I was told enforcing to consider the attorney priority to address major crimes as compared to addressing landowner complaints and to decide when/if the County would act. Read more: glastonbury.freeforums.net/thread/27/board-proposed-covenant-change-ordinances#ixzz429HAnevE
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