Article II, Clause 24, of the “Amended Declaration of Restrictions states that:

“No open air fire shall be started or maintained on any lot except in a grill, fireplace, or other suitable enclosure or container designed for the safe housing of man-made fires for cooking or refuse disposal purposes.”

Association Opinion – Policy:

As this clause does not restrict burning or the type of materials burned, its purpose cannot be concern for the environment or the health of one’s neighbors. The concern is, as explicitly stated, safety. From this perspective, the Association’s Bylaws, Deed of Restrictions, and the Amendments thereto should be satisfied if measures are taken to keep the fire from spreading out of control. In this regard, a “suitable enclosure or container” may consist of a fire break (a pit, walled area, or wide ring of cleared ground) and the monitoring and control of the fire by the responsible party to assure that it doesn’t spread beyond the enclosed area.

The above does not constitute an endorsement by the Association of a particular course of action. It is preferable to have burnable refuse recycled or removed , especially if that refuse consists of other than dry wood and lawn clippings that will not burn without excessive smoke or odor. The above does, however, set the limits on conditions under which the Association will take action to enforce the Bylaws, Deeds of Restriction, and the Amendments thereto.

Although the Bylaws, Declarations of Restriction, and the Amendments thereto are silent as to quantity and frequency of burning, the Association recommends that outdoor burning be limited by time and amount to that which will not constitute a nuisance.

Nothing in the above absolves an individual property owner from civil or criminal liability by an affected neighbor or government authority for creating a nuisance or for actual damages resulting from use of an open fire.

Approved by Board of Directors

November 6, 2003