Drone Resolution and Policy
WHEREAS, the Desert Mountain Master Association, Inc. ("Association") is governed by the Second Amended and Restated Declaration of Covenants, Conditions, Restrictions, Assessments, Charges, Servitudes, Liens, Reservations and Easements for Desert Mountain ("Declaration"), recorded at No. 2011-0517763, in the office of the Maricopa County Recorder, as amended from time to time, as well as the Second Amended and Restated Bylaws of the Desert Mountain Master Association (“Bylaws”);
WHEREAS, Article 3, Section 3.1.2 of the Declaration authorizes the Board to “establish reasonable rules and regulations, which are not inconsistent with the provisions of the Master Declaration…pertaining to or restricting the use of the Master Common Areas by Owners, Occupants, or other Persons…”
WHEREAS, Article III, Section 2 of the Bylaws states that the “Board shall have the powers and duties necessary for the administration of the affairs of the Master Association and may do all such acts and things as are not by law or otherwise directed to be exercised and done by the Members or the President.” Section 2 specifically gives the Board the “power to promulgate such rules and regulations pertaining to the rights and duties of the members of the Master Association, and all other matters, as may be deemed proper and which are consistent with the foregoing…”
WHEREAS, the Board of Directors is concerned with the impact on safety and privacy presented by the use of drones in the Desert Mountain community, as well as the potential for drones to create a nuisance for residents of the community;
NOW, THEREFORE, the Board of Directors hereby adopts this Drone Resolution and Policy and makes it part of the Desert Mountain Master Association Rules and Regulations, in order to restrict the use of drones in the community.
- The use of any Model Aircraft, as that term is defined in Section 336(c) of the FAA Modernization and Reform Act of 2012, or any small unmanned aircraft system (UAS) that is governed by Federal Aviation Administration (FAA) rules now or hereafter in effect (collectively, “Drones”) and the operator of a Drone (the “Drone Operator”) within the Association property are governed by this Drone Resolution and Policy.
- Drone Operators operating Drones within the Association property are solely responsible for ensuring their own compliance with all federal, state and local laws, regulations, and rules including but not limited to ensuring that all Drones do not operate over 400 feet above ground level, remain within the Drone Operator’s line of sight, are not operated remotely, are flown safely, and are registered as required.
- Use of a Drone for nuisance and unlawful purposes within the Association property including but not limited to voyeuristic purposes is expressly prohibited.
- Drone take offs and landings are prohibited on any portion of the Common Area, including, but not limited to, all landscaped areas, parks, improvements, pathways and trails, private streets, open space corridors, vista corridors, scenic corridors, washes, and easements situated upon the Common Area.
- Due to the potential for injury to persons, pets, real property and personal property, operation of Drones within the Common Area is strongly discouraged. Notwithstanding the foregoing, the operation of Drones less than 200 feet above ground level of Common Area is prohibited.
- The operation of Drones over or within 25 feet horizontally of unprotected persons and pets (that are not involved with operation of the Drone and who have not expressly consented to said Drone operation) and Association improvements is prohibited.
- Drone Operators are encouraged not to utilize Drones within the Association property prior to dawn and after dusk due to the potential for Drone noise to be a nuisance. The Board reserves the right to determine whether the noise from a Drone is a nuisance.
- A Drone may not be operated over any Lot except for the Lot where the Drone Operator currently resides, without the express permission of the non-Drone Operators Lot’s Owners and residents.
- Drone Operators are personally responsible for any and all legal claims related to their use of a Drone within the Association property including but not limited to trespass to property claims, nuisance claims, injury to persons and claims alleging damage to personal property (including pets) and real property.
- Drone Operators operating Drones within the Association property are encouraged to obtain insurance that covers at a minimum injuries to persons, pets, real property and personal property.
- The Board of Directors shall have the authority to enforce the provisions of this Drone Resolution and Policy in any manner provided by the Association’s governing documents and applicable law. Notwithstanding the restrictions contained in this Policy, the Board of Directors, at its sole discretion, may permit deviations from and exceptions to the restrictions set forth herein as it deems appropriate and necessary.