Current Rules & Comparison
This page places the current documented enforcement schedule beside the proposed policy and provides the recorded CC&Rs and signed bylaws for direct review.
Procedure in the CC&Rs; dollar amounts in a separate schedule
Recorded CC&R §11.4 establishes the process for determining a breach and assessing a penalty. It does not state the fine amounts. The current dollar progression below is the Board-adopted schedule reflected in the reviewed enforcement notices. The proposed policy would replace that general notice, fine, repeat-violation, and escalation schedule if formally adopted.
Proposed schedule
These fine stages are significantly less likely to be reached in ordinary cases because the proposal adds homeowner protections, objective standards, two full cure periods, reasonable extensions, an opportunity to be heard, and a less strict enforcement philosophy centered on voluntary correction.
Download proposed policy ↓What would change
| Topic | Current status quo | Proposed policy |
|---|---|---|
| Status | The documented schedule currently reflected in enforcement records. | Not adopted. It would take effect only after formal Board approval. |
| Notice before ordinary fines | Two notice-only levels appear before the first monetary fine. | Two notice-only stages, each providing at least 30 days to correct. |
| Fine progression | $50 → $100 → $200 → $400; later fines are recorded at $100. | $50 → $50 → $100; fourth and later fines remain $100 at 30-day intervals. |
| Likelihood of a fine | The current policy advances by notice level and permits a first fine with the third notice. | Fines would be significantly less likely to be issued in ordinary cases because the proposal adds objective and materiality standards, evidence requirements, reasonable extensions, two 30-day cure periods, an opportunity to be heard, and a preference for closing matters after voluntary correction. |
| Correction and recurrence | If the same violation occurs within 12 months of the most recent notice, the current policy resumes based on the previous notice count and assesses fines where applicable. | A corrected violation recurring within four months resumes at the next fine level; after more than four months, it restarts with the first notice. |
| Standards and evidence | The CC&Rs and existing Board rules govern. The current dollar amounts are not written into CC&R §11.4. | Adds objective standards, evidence requirements, written appeal decisions, extensions, and restrained-enforcement principles without overriding the CC&Rs or law. |
| CC&R penalty procedure | CC&R §11.4 requires a simple Board majority to determine a breach, 30 days' written notice, an opportunity to be heard, and a two-thirds Board vote to assess a penalty under an established fine schedule. | Expressly preserves all applicable notice, opportunity-to-be-heard, voting, governing-document, and legal requirements. |
Read and save the policies and governing documents
The current fine policy and governing documents are separated from the proposal, which remains clearly marked as not adopted.
Current Fine Schedule
The one-page policy describing notice timing, appeals, fine escalation, liens, and repeated violations.
Download current fine policy ↓Daybreak CC&Rs
Recorded Covenants, Conditions, and Restrictions, including the penalty procedure in §11.4.
Download recorded CC&Rs ↓Daybreak Bylaws
Signed bylaws governing Association and Board procedures.
Download signed bylaws ↓Original proposal PDF
The complete 16-page master PDF used for the proposal page.
Download proposal PDF ↓