Daybreak Community Association· South Jordan, Utah
Our initial scan found 5 potential issues in your governing documents.
We checked the 2 public PDFs on Daybreak Community Association’s website against current Utah and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies+ Add up to 10 PDFs in Full Analysis
Fining provision authorizes immediate or unscheduled fines without 48-hour cure window and 30-day informal hearing request right, or exceeds the $500 monthly fine cap under Utah Code §§ 57-8a-208 and 57-8-37.
Operative Clause · Section 3.4 (Page 1)
“Fining Procedure and Continuing Daily Fines — The Board or Management may assess an immediate fine of $100.00 for a first violation of the Initial Rules and $50.00 per day for a continuing violation without upper limit.”
Why It’s Flagged
Utah Code §§ 57-8a-208 & 57-8-37
Under Utah Code § 57-8a-208 (Community Association Act) and § 57-8-37 (Condominium Ownership Act), a board may assess a fine only if: (1) before assessing a fine, the board gives the owner a written warning describing the violation and stating a time of not less than 48 hours to cure the violation.
(2) the fine is in a specific dollar amount according to a written schedule of fines adopted by rule.
(3) the total amount of fines assessed against a lot/unit owner does not exceed $500 in any one calendar month.
And (4) the owner is permitted to request an informal hearing before the board within 30 days after the date the fine is assessed.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Pursuant to Utah Code §§ 57-8a-208 and 57-8-37, before assessing any fine for a first violation within a one-year period, the Board shall deliver a written warning providing the owner at least forty-48 hours to cure the violation.
2Any fine must be assessed in accordance with a written schedule of fines previously adopted and distributed to owners, cumulative fines against an owner shall not exceed Five Hundred Dollars ($500.00) in any calendar month, and a fined owner may request an informal hearing before the Board within 30 days after the fine is assessed (during which no interest or late fees may accrue).
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
4 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 4 remaining issues—plus load up to 10 PDFs for complete review.
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