Summary of Easements For Entry Guidelines and Policy 10.30.2025

Dear Residents:

Please know, the Declarant establishes a non-exclusive, permanent easement allowing the Association to enter any lot for emergency, security, and safety purposes. This right can be exercised by members of the Board, Association officers, committee members, agents, employees, and emergency personnel like police and firefighters. Except in emergencies, entry onto a lot can only occur during reasonable hours and with prior notice and permission from the homeowner. The easement allows the Association to address conditions that could pose fire hazards, erosion, or risks of injury if the homeowner does not resolve the issue in a reasonable time. However, entry into a home itself requires the homeowner’s permission, except for emergency personnel acting in their official roles. This type of entry is not considered trespassing.

This policy is based on CC&R  ARTICLE 11: EASEMENTS, dated January 4, 2018; sections:

ARTICLE 11: EASEMENTS

11.5.  Easement for Entry. Declarant reserves, creates, establishes, promulgates and declares non-exclusive, perpetual, appurtenant easements for the Association to enter upon any Lot for emergency, security, and safety reasons. Such right may be exercised by any member of the Board, the Association’s officers, committee members, agents, employees and managers of the Association, and by all police officers, fire fighters, ambulance personnel, and similar emergency personnel in the performance of their duties. Except in emergencies, entry onto a Lot shall be only during reasonable hours and after notice to and permission from the Owner. This easement includes the right to enter any Lot to cure any condition which may increase the possibility of fire, slope erosion, immediate risk of personal injury, or other hazard if an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but shall not authorize entry into any dwelling without permission of the Owner, except by emergency personnel acting in their official capacities. Entry under this Section shall not constitute a trespass.

11.11. Liability for Use of Easements. No Owner shall have a claim or cause of action against the Declarant, its successors or assigns, arising out of the exercise or non-exercise of any easement reserved hereunder or shown on any subdivision plat for the Properties, except in cases of willful or wanton misconduct.

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