45-Day Notice: Proposed Covenants Fine Schedule Changes

Association News

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:

Private Property Rules Fines
Current Fines Proposed Fines Comments
1st Violation $200 $400 Increase of $200
2nd Violation $400 $800 Increase of $400
3rd Violation $800 $1,600 Increase of $800
2nd Garbage Spill Violation $400 $800 Increase of $400
Tree and/or Vegetation Removal Violation* $100-$5,000 per tree involved plus replacement $200-$5,000 Increase of $100 for minimum fine
Noxious Activity Violation* $200 $400-$1,000 Increase of $200 for minimum fine and set for range with maximum
Business Activities Violation* $200 $400-$2,000 Increase of $200 for minimum fine and set for range with maximum
Fire Safety Violation $1,000-$5,000 $1,000-$5,000 No Change

General Common Area and Amenity Rules Fines*
Current Fine Schedule Proposed Fine Schedule Comments
Camping on Common Areas $100 $200 Increase of $100
Off-Road Vehicles $150 $300 Increase of $150
After Hours Use $100 $200 Increase of $100
After Hours Parking $50 $100 Increase of $50
Hunting + Trapping $150 $300 Increase of $150
Animal Control $100 $200 Increase of $100
Equestrian Use $100 $200 Increase of $100
Smoking $50 $100 Increase of $50
Tree and/or Vegetation Removal Violation* $100-$5,000 per tree involved plus replacement $200-$5,000 Increase of $100 for minimum fine
Fire Safety Violation $1,000-$5,000 $1,000-$5,000 No Change

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

KEY DATES:

January 1, 2019:

45-Day Member Notification and Comment Period begins

 
January 26, 2019:

Tahoe Donner Board of Directors meeting; hear additional member comment, discussion item only

 
February 23, 2019:

Board will consider taking action on proposed changes to the Covenants Fine Schedule with or without some modifications

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.


Your comments are welcome via
email: arosenfeld@tahoedonner.com
telephone: (530) 582-9630
US Mail: Tahoe Donner Association
11509 Northwoods Blvd., Truckee, CA 96161