Skip to content
Independent homeowner initiative · Not an official HOA publication · Private preview
Falcon CreekHomeowner Transparency

Fining & Covenants

The rules, and how fines must be imposed

Article VI lists what owners may and may not do. Section 6.23 sets the steps the HOA must follow before a sanction takes effect.

Quick synopsis

The issue in 60 seconds

  1. 01

    What concerns homeowners

    Homeowners have raised serious concerns about the scope, transparency and consistency of the Association’s enforcement powers. Residents question whether the Board is attempting to regulate parking on public streets beyond the authority granted by the recorded covenants, and whether restrictions are being enforced through internal policies that were neither formally documented nor distributed to all owners. The Association has acknowledged maintaining an internal $300 fine schedule that was not generally published. Homeowners also question whether the notice, opportunity to cure and hearing procedures required by the governing documents have been consistently observed. These concerns call for a clear explanation of the legal basis for any public-road enforcement, publication of every applicable rule and fine schedule, and a fair, consistently applied process for every household.

    Homeowner concern / HOA representation

    Association discovery response, October 20, 2026 (cited selectively as Association statements; not published) · private; not linked

  2. 02

    What evidence establishes

    Three documented points from the recorded Bylaws and Declaration, set out below. Separately, the Association acknowledges an internal $300 fine schedule that was not generally distributed.

    Documented / HOA representation

    Association discovery response, October 20, 2026 (cited selectively as Association statements; not published) · private; not linked

  3. 03

    What we’re asking for

    Publish the rules and fine schedule, apply them consistently, and document the written notice, cure opportunity, hearing and minutes required by the governing procedure.

    Request / analysis

What evidence establishes: three documented facts

  1. 1

    The Board can make rules, including fines

    Bylaws §4.11 · Documented

    “…power to adopt such rules and regulations”

    Section 4.11 also lists sanctions for rule violations, including monetary fines. This is the Board’s rule-making and fining authority.

  2. 2

    Rules must be furnished to all owners

    Bylaws Art. VIII, apparently §8.1 “Authority and Enforcement” · Documented

    “provided that copies of all such rules and regulations be furnished to all owners.”

    The text calls for copies to be furnished to every owner, not merely made available on request. It does not by itself say rules must be posted on a public website.

    Requires verification: The scan is OCR-damaged; the section number needs visual confirmation.

  3. 3

    The Declaration sets procedural safeguards

    Declaration §6.23(a)–(c) · Documented

    “proof of notice and the invitation to be heard shall be placed in the Minutes of the Meeting”

    Before a sanction takes effect: a written demand, 15 days to cure a continuing violation, hearing notice at least 7 days ahead, and an opportunity to be heard. The minutes requirement is in the Declaration, not the Bylaws.

Open question for the HOA (analysis): The Association acknowledged in discovery an internal $300 fine schedule that was not distributed to owners. Whether that schedule is a “rule or regulation” that had to be furnished to all owners is a documentation question for the HOA to answer. It is not a ruling that the schedule falls under that provision, or that any fine is automatically invalid.

Public-road authority

Show road ownership or control, and the specific covenant grant relied on for any street enforcement.

Unpublished rules

Publish the schedule, adoption dates, decisions and amendments.

Consistent due process

Document §6.23 notices, cure, hearing opportunities and records.

The question

Which recorded rules can lead to a fine, and did the HOA follow the required notice-and-hearing steps?

00Why it matters

A fine can affect a household’s finances and sense of belonging. Clear rules, consistent treatment and an opportunity to respond help owners and the Board resolve disagreements fairly.

01Documented: the rules and records

  • Article VI, §§6.01–6.23 of the recorded Declaration sets owner restrictions, approval requirements and Association duties. Some sections (6.06, 6.11, 6.14, 6.23) are rights, duties or procedure, not homeowner offenses.

    Documented

    Original recorded CC&Rs (opens in new tab)CC&R amendment (opens in new tab)

  • Declaration §6.23(a)–(c) requires a written demand, 15 days to cure a continuing violation, at least 7 days’ hearing notice and an opportunity to be heard, with proof of notice and the invitation placed in the meeting minutes before a sanction takes effect. That minutes requirement is in the Declaration, not the Bylaws.

    Documented

    Original recorded CC&Rs (opens in new tab)

  • Bylaws §4.11 gives the Board power to adopt rules and regulations and to impose sanctions, including monetary fines.

    Documented

    Bylaws (opens in new tab)

  • Bylaws Article VIII (apparently §8.1, “Authority and Enforcement”; section number awaits visual confirmation of the damaged scan) requires copies of the rules to be furnished to all owners, not merely made available on request.

    Requires verification

    Bylaws (opens in new tab)

02Association account and reported evidence

  • A $300 fine applies for third and subsequent observations.

    HOA representation

    Association discovery response, October 20, 2026 (cited selectively as Association statements; not published)

  • The fine schedule was not generally distributed to owners.

    HOA representation

    Association discovery response, October 20, 2026 (cited selectively as Association statements; not published)

  • No minutes were located showing adoption of the fine schedule.

    HOA representation

    Association discovery response, October 20, 2026 (cited selectively as Association statements; not published)

  • The Association described its notice and hearing practices in its discovery response. Individual-case details are omitted here; the Association disputes homeowners' interpretation of the §6.23 procedure.

    HOA representation

    Association discovery response, October 20, 2026 (cited selectively as Association statements; not published)

  • Homeowners raised concerns about street parking and tires on grass. These are reports, not proof of unlawful fines.

    Homeowner allegation

    Homeowner group-message archive (private, homeowner-reported, verification pending)

The §6.23 procedure, step by step

  1. 1

    First written demand

    Identifies the violation and the corrective action. A continuing violation gets at least 15 days to cure.

  2. 2

    Hearing notice

    If the violation repeats or continues, notice goes out at least 7 days before the hearing, stating the proposed sanction.

  3. 3

    Board hearing

    The owner has ample opportunity to present evidence.

  4. 4

    Recorded in minutes

    Proof of notice, the invitation and the sanction is recorded in the minutes before the sanction takes effect.

Original recorded CC&Rs (opens in new tab) · Fine income by year is charted on Finances; minutes are covered on Records.

Article VI register, §§6.01–6.23

Plain-language OCR paraphrases. Confirm wording against the scanned originals before quoting.

23 of 23 sections

§SubjectRestriction or provisionQualificationSources
6.01Residential useOwner restriction · AmendedLots are for residential use.As amended: a specific, conditional home-business allowance applies; the amendment's conditions control.
6.02Temporary structuresOwner restrictionTemporary structures may not be used as residences.—
6.03Clothes dryingOwner restrictionLimits outdoor clothes drying.—
6.04Exterior changesApproval requirementExterior changes need Architectural Control Committee (ACC) approval.—
6.05Pets and animalsOwner restriction · AmendedRegulates animals and pets.As amended.
6.06Common areaAssociation duty or authoritySets rights and conditions for using the common area.Primarily rights and conditions, not a monetary violation in itself.
6.07SignsOwner restrictionRegulates signs.—
6.08Vehicle storageOwner restriction · AmendedCertain recreational vehicles may be parked in the driveway for up to 48 hours per calendar week, then must be stored in the garage. Commercial vehicles are restricted.The amendment replaces the original text.
6.09Parking surfacesOwner restrictionParking in designated areas and on paved surfaces intended for parking.Whether this reaches parking on public roads is disputed and not established.
6.10Vehicle repairsOwner restrictionRestricts repairs of vehicles and boats.—
6.11Common area rulesAssociation duty or authorityAuthorizes rules for the common area.Not a homeowner offense in itself.
6.12Debris and nuisanceOwner restrictionProhibits nuisances and accumulated rubbish or debris.—
6.13Noxious activityOwner restrictionProhibits noxious, offensive or unlawful activity.—
6.14NondiscriminationAssociation duty or authorityA nondiscrimination duty on the HOA.Not a homeowner offense.
6.15Trash containersOwner restrictionContainers kept out of view except on pickup day.—
6.16PollutionOwner restrictionProhibits pollution and unlawful discharges.—
6.17Slope and drainageOwner restrictionRequires erosion, slope and drainage control.—
6.18Dwelling size and setbacksOwner restrictionMinimum 1,400 sq ft heated area; setbacks apply.—
6.19ACC approvalApproval requirementACC approval for buildings, fences, mailboxes, exterior changes and landscaping.—
6.20Six prohibitionsOwner restrictionExposed piping; certain utility installations; driveway expansion; fence limits; removing trees 4 inches or more in diameter without ACC consent; clotheslines.—
6.21Sight linesOwner restrictionKeep visibility clear near intersections and driveways.—
6.22Owner upkeepOwner restrictionOwners maintain lots, lawns, landscaping and buildings.—
6.23EnforcementAssociation duty or authorityEnforcement authority and the procedure the HOA must follow.A procedure, not an offense.

03What remains unresolved

  • Whether a fine schedule was formally adopted, and when.
  • Whether fines generally follow every §6.23 step, including minutes recorded before a sanction takes effect.
  • Whether §6.09 applies to parking on public roads.
  • Which covenant section each fine cited.

04Questions for the AGM

  1. When and how was the $300 fine schedule adopted, and where is it recorded?
  2. Will the board publish the fine schedule to all owners?
  3. For each fine imposed, where are the demand, hearing notice and minutes required by §6.23?
  4. What is the board's position on whether §6.09 reaches public roads?

05Sources

Proposed AGM motion

Draft — not adopted · Revised editorial draft (v3; Motion 2 updated v4) — pending member and counsel review

Draft motion 4

Suspend Disputed Fines, Independently Review Enforcement and Adopt Fair Rules

What this would accomplish: Asks the Board to publish its rules and fine schedule, pause discretionary fines during an independent enforcement review, waive fines found deficient, and bring a fair revised policy to a member endorsement vote.

Why it relates to this issue

Rules and a fine schedule furnished to every owner, plus one written §6.23 procedure, would give owners clear expectations and help the Board show consistent enforcement. It does not decide any existing fine.

Proposer
Adam Moore
Seconder
Adam Clegg
Board response
TBD

Editorially revised from the Draft AGM Motion Packet v2; not copied verbatim. Not an official HOA vote, ballot or proxy, and not adopted.

The linked page shows the full revised text; the original v2 packet remains linked above. No adoption, scheduled vote or support count is implied.