To: Aspen Shores HOA Members
From: Aspen Shores HOA Board of Directors
Date: October 17, 2018
Re: Community Burn Pile & Dumping Waste on “Common Ground”
Recently, the Aspen Shores Board of Directors received written concerns related to a “community burn pile” and the dumping of waste (yard) on Aspen Shores common ground area. The Board of Directors also had the opportunity to listen to members who advocated for continuing this past practice at a recent HOA Board of Directors meeting. Additionally, there was a request that the Board consider bringing the issue to the Aspen Shores HOA membership for consideration.
Prior to the Board deciding, the following was taken in account:
1.) Amended Protective Covenants 2014, General Covenants, #8 Nuisances:
8) Nuisances. No activity shall be carried on upon any lot or permitted thereon which may be or become a nuisance to the neighborhood.
2.) Amended Protective Covenant 2014, General Covenants, # 10 Refuse:
10) Refuse. No trash garbage, rubbish, refuse or other solid waste of any kind, including – particularly – inoperable motor vehicles, appliances and furniture, shall be thrown, dumped, stored, or disposed of, or otherwise placed on any part of the development. Garbage and similar solid waste shall be kept in sanitary containers well suited for that purpose.
3.) Summary of Washington State Department of Ecology Position: The Department of Ecology was contacted twice in the past several days. There comments can be summarized as follows: Private lot owners may apply to get a permit to burn their own yard waste on their own lot. However, the Department would likely not approve a “community burn plie” where multiple lot owners yard waste would be burned on common property. The Department voiced concerns regarding there being no water source at burn site, smoke in residential area & Highway 28, and homes close proximity to each other if there was a fire
4.) Safety – No available water source near “community burn pile”.
As such, the Board unanimously decided to discontinue the “community burn pile” practice as well as remind members there is no dumping of any garbage, rubbish, refuse and waste (solid/yard) on community grounds.