Tuesday, February 21, 2006
$$$ LIABILITY $$$
If We look at this section of the previous blog where it says:
"both the county and the individual property owners are responsible for implementing and maintaining an HCP(Habitat Conservation Plan). Without an incidental take permit, the letter warns both the county and property owners could face prosecution under the Endangered Species Act if a “take” occurs as a result of a seawall".
-U.S. Fish & Wildlife Service
The property owners would typically be the individual beachfront property owners, or a Condo association (The Inn at Blue Mt.) or a Corporate owner (SEASIDE or ST.JOE).
This creates a potential Legal Liability issue in the Retreat if All of the lot owners participate financially in a DEP and/or U.S.F.& W. "TAKE" permit process Vs. only the beachfront owners. This could create a personal liability issue.
The Association would in any case be liable for the common areas such as the beachclub and walkovers.
According to the Retreat documents the beachfront owners are already personally liable for violations not the association. If the non-beachfront owners pay to have work performed on the private property of beachfront owners are they now liable as well ?
As I said before, PANDORA'S Box.
"both the county and the individual property owners are responsible for implementing and maintaining an HCP(Habitat Conservation Plan). Without an incidental take permit, the letter warns both the county and property owners could face prosecution under the Endangered Species Act if a “take” occurs as a result of a seawall".
-U.S. Fish & Wildlife Service
The property owners would typically be the individual beachfront property owners, or a Condo association (The Inn at Blue Mt.) or a Corporate owner (SEASIDE or ST.JOE).
This creates a potential Legal Liability issue in the Retreat if All of the lot owners participate financially in a DEP and/or U.S.F.& W. "TAKE" permit process Vs. only the beachfront owners. This could create a personal liability issue.
The Association would in any case be liable for the common areas such as the beachclub and walkovers.
According to the Retreat documents the beachfront owners are already personally liable for violations not the association. If the non-beachfront owners pay to have work performed on the private property of beachfront owners are they now liable as well ?
As I said before, PANDORA'S Box.
