How to Create Firewise Policy Within Your HOA

CommunityKeith Worley

Wildfire Mitigation SpecialistMarch 27, 2015

C,C&R’s (Covenants, Conditions and Restrictions)

By-laws Rules and Regulations Design or Architectural Control Guidelines Landscape Guidelines or Standards

HOA Documents

Use SB-100◦ Homeowner Bill of Rights

A property owner has the right, by state statute, to mitigate his property.

Working with your Covenants

C.R.S 38-33.3-106.5 (a.k.a. SB-100) states: “ Not withstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following: (e) The removal by a unit owner of trees, shrubs, or other vegetation to create defensible space around a dwelling for fire mitigation purposes, so long as such removal complies with a written defensible space plan created for the property by the Colorado State Forest Service, an individual or company certified by a local government entity to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located, and is no more extensive than necessary to comply with the plan. The plan shall be registered with the association before the commencement of work. The association may require changes to the plan if the association obtains the consent of the person, official or agency that originally created the plan. The work shall comply with applicable association standards regarding slash removal, stump height, revegetation, and contractor requirements.”

D-Space: A Right!

Design Guidelines Architectural Control Submittal and Approval Process Tie to CSFS guidelines for consistency Allow for updates based on new science

Update to Allow Mitigation

Plan required:◦ Must be prepared by:

CSFS Individual or company approved by local authority Fire Department

Process

“so long as such removal complies with a written defensible space plan created for the property by the Colorado State Forest Service, an individual or company certified by a local government entity to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located, and is no more extensive than necessary to comply with the plan.”

“The plan shall be registered with the association before the commencement of work.”

Submittal to HOA Required

HOA can ask for plan amendments.

Plan amendment is at the discretion of the plan preparer- NOT the HOA.

Plan Review

“The association may require changes to the plan if the association obtains the consent of the person, official or agency that originally created the plan.”

“The work shall comply with applicable association standards regarding slash removal, stump height, revegetation, and contractor requirements.”

Compliance with other rules required

Insurance company requirements. Firefighter safety. Different levels of risk aversion.

Allow for:

Allow for your neighbors to work together to promote wildfire safety, and protect community values that include◦ The Forest◦ The Wildlife◦ Property Values

It takes a community working together!!!

Most of All: