Re: Reston Man Files With Reston Association To Bow Hunt in His Backyard
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Date: June 10, 2014 04:51PM
WHEREAS, Section III.2(a) of the First Amendment to the Deed of Amendment to the Deeds of Dedication of Reston (“Amended Reston Deed”) delineates that it is a purpose of the Association to interpret, administer, and enforce the protective covenants and restrictions of the Deed in such a manner as to conserve, protect, and enhance the value of all real property subject to the Deed; and
WHEREAS, Section III.3(2)(a) of the Amended Reston Deed delineates that it is a purpose of the Association to interpret, administer, and enforce the protective covenants and restrictions of the Amended Reston Deed in such a manner as to conserve, protect, and enhance the value of all real property subject to the Amended Reston Deed; and
WHEREAS, Section VI.2 of the Amended Reston Deed set forth certain protective covenants regarding use of Property within Reston; and
WHEREAS, Section VI.2(b)(16) of the Amended Reston Deed regarding Hunting and Firearms, stipulates that except in any emergency situations related to life, safety, or personal welfare, no hunting of any kind or discharge of any firearm or other weapon, including without limitation a bow and arrow or crossbow, shall be permitted without the prior written approval of the Board of Directors or its
designated committee.
NOW, THEREFORE, BE IT RESOLVED, that the RA Board of Directors shall adhere to the following standards in considering requests seeking Board approval for permission to Hunt consistent with Section
VI. 2 (b)(16) :
1. Submitting Requests to Hunt
a. Prior to conducting any hunting on their Lots, Members shall submit, in writing, a formal request to the Board of Directors for review and consideration.
b. In such written request, Members shall include the reason for the request; actual or perceived damage or injury to the property or persons caused by the deer or animal, if any; explanation of other remedies attempted; explanation of how hunting will correct or alleviate the current concerns complained of; proposed duration and times of the hunt; name of persons or entity proposed to be engaged in the hunting; proof that the person to conduct the hunt has a valid hunting license or has successfully completed hunter education classes; a plat map delineating the size of the Member’s Lot on which the hunting is to take place and identifying the proposed orientation of the shooter; and proof of notice to other Lot owners within a ¼ mile circumference of the Member’s Lot.
Execution of Agreement for Approved Requests. If the Board of Directors approves a hunting request,
such decision shall be contingent on the execution of an agreement by which the applicant, among
other things:
Rules for Hunting
a. indemnifies the Association;
b. acknowledges existence of liability insurance on his or her property and that the applicant has notified his or her personal carrier of intent of hunting on Lot;
c. adds the Association as an additional insured on his or her liability coverage with a certificate of insurance being provided to the Association in this regard prior to the conduct of the hunt;
d. that any person or entity actually hunting on the property will be insured and provide proof of insurance to the Association naming Reston Association as an additional insured;
e. time duration and cessation date of hunting on Lot;
f. that any hunting performed on Lot shall be in compliance with all County, State and Federal laws, ordinances, statutes, codes or regulations and all hunting laws, rules and regulations, as well as meeting the criteria placed upon such hunt by the Association;
g. provides assurance that archery equipment shall only be discharged from a tree stand which is at least 15 feet above the ground on the Lot owner’s property;
h. delineates on a plat map of the Lot owner’s property the location of the warning signs that will be posted on all sides of the property and shall include the hunting date range, and
i. acknowledgement that if a deer runs on to and dies on Reston Association Common Area, the Lot owner or his/her agent will be responsible for the removal of the deer to the Lot owner’s property for field dressing.