45-Day Notice: Proposed Covenants Fine Schedule Changes

Changes to the Covenants Fine Schedule will be considered for action by the Tahoe Donner Board of Directors. The board is expected to take action to adopt the proposed fee schedule changes, as they are presented here or with some modification, at its February 2019 meeting, currently scheduled for Saturday, February 23, 2019. The board welcomes any input you may wish to offer regarding this process.

The purpose of the proposed changes to the Covenants Fine Schedule is to improve the deterrence of violations through higher fine amounts, and gain compliance for properties in violation.

The effect of the proposed changes to the fine schedule is to:

• Increase to the Private Property Fine Schedule for 1st, 2nd and 3rd violations
• Separate and increase the Noxious Activity fine by creating a minimum-to- maximum range for the first offense
• Separate and increase the Business Activities fine and create a minimum-to- maximum range for the first offense
• Increase to the Tree and/or Vegetation Removal minimum fine value
• Increase to the General Common Area and Amenity Rule fines
• Increase to the Vegetation Removal minimum fine value
• No change to the Fire Safety violation range

The proposed changes to the Covenants Fine Schedule are as follows:

*Fines double per subsequent violation all occurring within a one-year period from the first hearing.

BACKGROUND

The Covenants Committee has reviewed the Covenants Fine Schedule these last several months as a result of comments by members, committee members and board of directors regarding the need to look at the efficacy of fine values levied on properties found to be in violation of a Covenants Rule. The committee has not made any changes to increase the fine schedule in more than eight years.

The committee discussed and decided that proposing increases to the fine schedule would be more effective for:

• Deterring violations by having more meaningful fine amounts; and
• Gaining compliance for properties in violation, especially when the property becomes a repeat violation. The committee reviewed their proposed changes and increases to the Covenants Fine Schedule with the board of directors at the December 15, 2018 board meeting and requested the proposed changes and increases to go out for 45-day member notification and comment period, which the board approved.