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HOAs told to secure formal requests and scopes before county or ESD fuel work
Summary
ESD and county speakers said homeowners associations must provide formal requests and signed scopes of work before local fire agencies will perform fuel mitigation on private common areas; crews, contracts and liability were discussed as key hurdles.
David Bailey, district administrator for Emergency Services District (ESD) 4, told attendees that when an HOA or property owners association wants fuel mitigation in private common areas, the ESD typically requires a formal request from the HOA board because the board has legal authority over the parcel.
Bailey explained three handling options for removing dead vegetation from private green belts: haul to disposal, on-site chipping or controlled burning. He said each method is legal but that the HOA must be explicit about the requested scope and who has authority to approve work. “I have to have a request, a very specific request, and not from the Firewise community,” Bailey said, adding that the request must come from the POA/HOA board so agencies can lawfully work on private land.
Liability and contractor qualification were a central concern. Bailey and other panelists said the HOA should secure a professionally prepared scope of work and appropriate contractual protections before hiring crews. ESD 6’s fuels crew was highlighted as an example: ESD 6 created a countywide, at-cost mitigation crew to provide qualified labor where private vendors were unavailable.
Case studies presented by ESD staff showed three common patterns: privately owned greenbelts that remained the HOA’s responsibility; privately held parcels adjacent to public preserves where coordination with the City of Austin or Balcones Canyonlands Preserve (BCP) managers was necessary; and county-owned parcels where Travis County maintenance plans and budgets govern timing.
Bailey recommended using memoranda of understanding (MOUs) and detailed contracts for shared work and described shaded fuel breaks and multi-year maintenance as preferred treatment strategies. He warned that volunteers alone often do not have the equipment or insurance to clear large parcels safely, though volunteers with professional oversight can assist on some tasks.
Officials urged HOAs to contact their local ESD or fire chief as a first step; ESD staff can advise on methods, vendor qualifications and possible funding paths. Panelists also suggested that an ESD-provided scope can help an HOA defend board decisions to residents who object to tree removals or other mitigation measures.
Speakers encouraged HOAs to coordinate with adjacent public agencies (city, county, BCP) to identify whether shared boundaries, plans or existing mitigation projects could expedite work and reduce cost.
