DOCUMENTS

Perry Park East HOA Wildfire Policy Guidelines

The following are Wildfire Policy Guidelines and Procedures for the Perry Park East Homeowners Association Board of Directors. The intent of these policies and procedures are to guide both homeowners and the Perry Park East Board of Directors in addressing wildfire safety and community protection issues.

1. It is the intent of the Board of Directors to support positive voluntary community programs as a primary means to assist with compliance of Article 5, Section 7 of the 1992 Amended Protective Covenants for Perry Park East Filings 1 & 2 which reads in part “…diseased or dead trees shall be removed or treated by the owner as soon as practicable. All lots, whether vacant or occupied by dwellings, shall be kept free of accumulation of brush, trash, or other materials which may constitute a fire hazard or render the tract unsightly…”. These voluntary programs may consist of chipping, slash-removal, or other wildfire mitigation programs as deemed necessary by the Board of Directors.

2. It is the intent of the Board of Directors to work with the Larkspur Fire Department, county, state, and federal government agencies to support wildfire programs and to assist with obtaining government funding for the aforementioned programs including grants from the Colorado State Forest Service.

3. Written complaints from lot owners about properties containing unsightly or hazardous brush, deadwood or trees will be addressed in the following manner:
- Architectural Control Committee (“ACC”) Members will validate the complaint.
- If the complaint is valid, one or more ACC member(s) shall meet with the lot owner/s and inform them of the complaint and determine their level of awareness of the situation and the covenants that apply. They shall try to determine the ability of the lot owner to facilitate the removal of the material. At this time, the sharing of educational and pertinent information shall take place. If the owner is an absentee owner, not available to meet with the ACC member, then phone contact shall be acceptable, with the same guidelines in mind.
- The ACC member or members that meet with the owner shall report back to the ACC Committee their findings. The Committee shall decide what level of involvement they should have, including coordination of volunteers or use of HOA funds to assist if any need or hardship is perceived, and report to the Board their findings.
- The lot owner/s shall be informed in person (if possible) of the Board & Committee’s perception of the situation. The Board & Committee Members shall work with the homeowner to determine a mutually agreeable plan and schedule for resolution of the issue.
- The Board & Committee Members will work with the homeowner to assist with any government or local programs that may be available to help offset the cost, labor, or referrals to remedy the lot in question.
- The homeowner will be responsible for any costs incurred (unless the Board & Committee has decided to assist financially. The homeowner is responsible for obtaining quotes, written estimates, and/or references for any referrals or work performed on their lot. Referrals by the Association of independent contractors are not endorsements of any contractor.
- Upon completion of the work, the homeowner will notify the ACC and the ACC will validate the completion of the work.

4. In the event that the ACC and homeowner cannot agree to the extent of tree and brush removal, an independent recommendation from the Colorado State Forest Service or other mutually acceptable third party will be the determining standard for resolution and is binding. Costs incurred by the independent inspection will be split between the Association and the homeowner.

5. In the event a home/lot owner is unable to be contacted personally or by telephone, the Board may send a certified letter, return receipt requested, with a description/nature of the complaint and will include educational material or other pertinent information, and would solicit a response for a response and/or remedy by a specific date.

6. If all means of negotiations fail with the home/lot owner, or the home/lot owner is: unresponsive; abusive; or fails to comply with the agreed upon schedule for remedy, the Board of Directors may authorize legal remedy as outlined in the protective covenants. A majority vote of the Board of Directors to pursue legal remedy will be taken with the Board giving due consideration to the will of the community and that care was taken to follow steps 1 through 5 above.