45-Day Notice: Proposed Changes to the Architectural Standards and Covenants Fine Schedules
Association News, Member NewsNote: This was originally published in the January 2026 issue of Tahoe Donner News + Life.
Pursuant to Tahoe Donner Covenants and Restrictions Article III, Section 7, modifications to rules and proposed new rules must go out for a 45-day member notification and comment period prior to the Board of Directors’ consideration and approval.
Changes to the Tahoe Donner Association rules will be considered for action by the Board of Directors. The Board is expected to review and take action to adopt the proposed fine schedules, as presented here or with some modification, at a regular meeting of the Board on February 27, 2026.
The Board invites you to participate in the rule-making process by attending upcoming board meetings where the proposed rule is on the agenda (see Key Dates) and/or by submitting a written member comment on the proposed changes during the 45-day notification and comment period.
Background
Pursuant to Tahoe Donner Covenants and Restrictions Article III Section 7 “the board may, from time to time, propose, enact and amend rules and regulations of general application to the Owners of Separate Interests within the Properties.” Article III Section 7 (b) states, “…no association rule shall be adopted until the proposed rule or amendment thereof has been published to the members at least 45 days before the date when the board is scheduled to act on the proposal…” This notice is referred to as a (“45-Day Notice”) in the Tahoe Donner rule-making process.
On July 1, 2025, Assembly Bill 130 (AB 130) was signed into law by Governor Newsom. The bill’s scope is expansive across numerous housing initiatives, amending Civil Code § 5580 and 5855, which significantly impair the Association’s ability to enforce the governing documents, levy fines, and ensure the health, safety, and welfare of the Association and its members.
A few key points regarding the legal changes:
This change in law imposed a $100 maximum fine for violations of governing documents within HOAs. The only exception to this $100 maximum fine is for health and safety violations.
Boards must identify in an open session meeting those governing document violations deemed to be health and safety-related, as well as the related fine per violation.
Civil Code § 5855 states that a homeowner shall have the opportunity to cure a violation prior to the meeting, and that if a homeowner cures their violation prior to a hearing, the board (or committee in the case of Tahoe Donner) may not impose any fine for the violation. However, certain violations of the governing documents are arguably inherently incurable, for instance, those related to fire bans. This may be due to their nature as non-continuous actions or because they involve conditions that cannot be remedied through affirmative action.
Tahoe Donner has fine schedules that include fines for health and safety, architectural standards, and general governing document violations, with fines ranging from $100 per violation to $5,000 or more for health and safety violations.
In response to these changes to state law and to ensure compliance and protect the health, safety, and well- being of the community, on July 25, 2025 the board passed Resolution 2025-16 which authorized the immediate adoption of an emergency rule change resolution to modify the association’s fine schedules consistent with the updates to the Davis-Stirling Act and the Tahoe Donner governing documents. Subsequently, the board adopted Resolution 2025-20, a new emergency rule change effective for 120 days, to address the gap between now and completing the required 45-day notice and comment period process for a permanent rule change to the fine schedules.
This 45-day notice presents a replacement of the current fine schedules in their entirety.
Purpose of the Fine Schedules Change
The proposed fines schedule serves the following purposes:
- Protect the health, safety, and welfare of the Association and its members.
- Proactively address regulatory updates by ensuring consistency with current laws and governing documents.
Effect of the Emergency Rule Change
The immediate outcomes of the proposed rule change for the fine schedules include:
- Replacement of the Association’s current fines schedule with the proposed.
- Continued ability to enforce violations of the Association’s governing documents, including those related to health and safety.
- Ensure Tahoe Donner follows applicable state regulations.
Key Dates
January 2, 2026: The 45-day member notification and comment period begins.
January 23, 2026: Board of Directors meeting; receives and hears member comments on the proposed rule change.
February 27, 2026: Board of Directors meeting to consider adopting the proposed rule changes with or without modifications.
Member Comments
Please submit your written comments below, or US Mail: Tahoe Donner Association Attn: Timea Griset, 11509 Northwoods Blvd., Truckee, CA. 96161.
To ensure the board of directors has time to review all member comments, written comments must be submitted by February 15, 2026.
PROPOSED CHANGES TO THE ARCHITECTURAL STANDARDS AND COVENANTS FINE SCHEDULES
Comparison of Current and Proposed Changes for Fines Relating to Architectural Standards Violations
| Violation Type | Existing Fine | Proposed New Fine |
|---|---|---|
| Grading or grubbing of lot/or trenching without a permit | $750-$2,000 | $100 with Town permit $750-$2,000 without Town and ASC permit |
| Unauthorized removal of snow with heavy equipment | $500-$1,500 per violation (each day snow is removed) | $100 maximum per day |
| Initiating new construction without ASC approval | $100-$2,000 | $100 maximum per day with Town permit $100-$2,000 without Town and ASC permit |
| Failure to display permit on site | $100-$250 | $100 |
| Failure to clean up construction debris – per occurrence | $200-$600 per violation (each day debris remains) | $100 |
| Failure to obtain extension prior to expiration of permit | $100-$250 | $100 |
| Failure to complete project within allotted time frame | $200-$1,000 per month | $100 |
| Failure to restore lot after invalidation of plans | Forefiture of deposit ($500-$3,000) | $100 |
| Failure to complete after installation of foundation | Forefiture of deposit ($500-$3,000) | $100 |
| Plan deviations without prior approval | $150-$2,000 | $100 |
| Exterior alteration to existing structures without approval | $250-$1,000 | $100 |
| Exterior lighting violations - per fixture | $100 | $100 |
| Violation of sign rules | $100 | $100 |
| Installation of satellite dish > 39”, without approval | $200 | $100 |
| Installation of fencing without prior approval | $200 | $100 |
| Installation of exterior antenna without prior approval | $200 | $100 |
| Failure to correct exterior maintenance non-compliance | $100-$1,500 for garbage can enclosures | $100 (non garbage can violations) $100-$1,500 for garbage enclosure violations |
Each day a violation remains uncured (or every day the property owner is not in compliance with our rules/C&Rs) constitutes a separate violation subject to a distinct fine. The fine policy and schedule of fines may be amended and modified from time to time by the Architectural Standards Committee after proper notification and board approval.
Comparison of Current and Proposed Changes for Fines Relating to Covenants and Governing Documents Violations
| Violation Type | Existing Fine | Proposed New Fine |
|---|---|---|
| Camping on Common Areas | $200 | $100 |
| Off-Road Vehicles on common area | $300 | $300 |
| Vegetation Removal in common area | $200-$5,000 (per tree plus replacement cost) | $100 |
| After hours use of common area | $200 | $100 |
| After hours parking in common area | $100 | $100 |
| Fireworks, firearms and fire safety rule violations in common area | $1000-$5,000 per incident | $1,000-$5,000 |
| Hunting and trapping in common area | $300 | $300 |
| Animal control violations in common area | $200 | $200 |
| Equestrian use in common area | $200 | $200 |
| Smoking in common area | $100 | $100 |
| Amenity usage and conduct rules | Expulsion of the rule violator for the remainder of the day of occurrence. Repeated or severe violations may result in the imposition of a fine of $100 and/or a further suspension of amenity use privileges. | $100 except in the case of activity which poses an adverse health/safety impact |
| Amenity access rule violations | – | $100 |
| Private property rule violations | $400 for the 1st violation, $800 for the 2nd violation, and $1,600 for the 3rd violation, all occurring within a one-year period from the first hearing | $100 |
| Garbage spill on private property | $100-$1,500 | $100-$1,500 |
| Tree removal on private property | $200 to $5,000 per tree plus the cost of replacement | $100 |
| Noxious activity on private property | $400-$1,000 per incident | $400-$1,000 |
| Business activity on private property | $400-$2,000 per incident | $100 |
| Fire safety violation on private property | $1000-$5,000 per incident | $1000-$5,000 |
| Seasonal fire ban violation | Up to $5,000 per incident | Up to $5,000 |
| Short-term rental rule violation | $400-$1,600 | $100 |
| Correction of any private property violation by the Association | Restitution to the Association | Restitution to Association |
Each day a violation remains uncured (or every day the property owner is not in compliance with our rules/C&Rs) constitutes a separate violation subject to a distinct fine. The fine policy and schedule of fines may be amended and modified from time to time by the Covenants Committee after proper notification and board approval.
Excerpts from the Association Rules Enforcement:
Fines. Fines may be assessed per incident, on a daily, weekly, or monthly basis according to the nature and severity of the infraction and at the discretion of the committee.
Loss of Rights; Forfeitures. The Association may, after satisfying the due process requirements of the C&Rs, discipline Owners for the failure of the Owner (or his or her family members, tenants, guests, or invitees) to comply with any provision of the Governing Documents or of any duly enacted Association Rule. Discipline may consist of a fine or the temporary suspension or adridgement of an Owner’s rights to the full use and enjoyment of his or her privileges as a Member. C&Rs Article III, Section 6(d)(i).