Current status quo and proposed change

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.

Important distinction

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.

Current status quo

Current documented schedule

01
1st noticeNotice only; 48 hours to appeal and 48 hours to 30 days to correct
$0
02
2nd noticeNotice only; 48 hours to 30 days to correct
$0
03
3rd noticeFirst fine; 48 hours to 15 days to correct
$50
04
4th noticeFine doubles after another 30-day period
$100
05
5th noticeFine doubles after another 30-day period
$200
06
6th noticeFine doubles after another 30-day period
$400
07
Later noticesAdditional amount accruing each month
+$100
Download current fine policy
Not currently adopted

Proposed schedule

01
Courtesy noticeAt least 30 days to correct
$0
02
Formal noticeAnother 30 days to correct
$0
03
First fineAfter required process
$50
04
Second fineAfter 30 more days
$50
05
Third fineAfter 30 more days
$100
06
Later finesEach additional 30 days
$100

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
Side-by-side

What would change

TopicCurrent status quoProposed policy
StatusThe documented schedule currently reflected in enforcement records.Not adopted. It would take effect only after formal Board approval.
Notice before ordinary finesTwo 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 fineThe 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 recurrenceIf 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 evidenceThe 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 procedureCC&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.
Source documents

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 enforcement policy

Current Fine Schedule

The one-page policy describing notice timing, appeals, fine escalation, liens, and repeated violations.

Download current fine policy ↓
Recorded governing document

Daybreak CC&Rs

Recorded Covenants, Conditions, and Restrictions, including the penalty procedure in §11.4.

Download recorded CC&Rs ↓
Proposed — not adopted

Original proposal PDF

The complete 16-page master PDF used for the proposal page.

Download proposal PDF ↓