Post by leokeeler on Nov 29, 2015 1:32:51 GMT
NOTE: Changes in the Declaration language are denoted with BOLD italics (new language) and strikethrough (removed language.)
GovDocCmte notes: Section 5.01 doesn’t belong in the Covenants. Putting this in the Covenants with the word “shall” shifts a burden of enforcement on to the GLA when these items are already governed and enforced by the state or the county. Yet if we simply change the “shall” to “may” to reduce the GLA’s liability of enforcement, we would then have the GLA giving permission to break laws, which is also a problem.
SECTION 5. RULES OF HEALTH, SAFETY, NUISANCE AND LAND USE
5.01. Laws, Ordinances and Regulations. Each Landowner shall abide by and obey all laws, regulations, rulings and ordinances lawfully enacted by the State of Montana or any political subdivision thereof, including Park County, and including, but not limited to, fire, health, safety and sanitary laws and regulations; except that a Landowner may in good faith vigorously challenge the legality of any such law which he believes to be unlawful or unconstitutional.
GovDocCmte notes: Section 5.01 doesn’t belong in the Covenants. Putting this in the Covenants with the word “shall” shifts a burden of enforcement on to the GLA when these items are already governed and enforced by the state or the county. Yet if we simply change the “shall” to “may” to reduce the GLA’s liability of enforcement, we would then have the GLA giving permission to break laws, which is also a problem.
SECTION 5. RULES OF HEALTH, SAFETY, NUISANCE AND LAND USE