From: Foothills Clusters HOA Communication 8/19/2026 12:34 PM
Dear Homeowners:
Proposed Revision to the General Violation Fine Schedule
The Foothills Clusters Homeowners Association (FCHOA) Board of Directors requests your review and comment on a proposed revision to the General Fine Schedule. The Board is likely to discuss this revision at its September 8 business meeting and may take action on the proposal at the October 13 business meeting. Individuals who have comments or concerns about the proposal should send them to the attention of the Board of Directors at Contact@foothillsclusters.com for consideration, preferably by September 5 for consideration at the September meeting. If approved the new General Violation Fine Schedule would take effect on January 1, 2027.
The FCHOA has a limited number of Codes, Covenants and Restrictions (CC&Rs) that all of us must adhere to. The law requires the FCHOA to enforce the CC&Rs to the benefit of our members. We are fortunate that collectively our members are highly compliant with those requirements. In a typical year fewer than five percent of our homeowners receive a Notice of Violation from the HOA, and of those it is unusual to have more than 2 or 3 cases per year reach the level where a fine must be imposed to encourage compliance. The Board of Directors is grateful to the vast majority of members who honor the CC&Rs and their neighbors and, if they do create a violation, act quickly to return to compliance.
Nevertheless, in those few cases where voluntary compliance is not forthcoming, our limited authority to impose fines (capped at $150) can be insufficiently compelling. A fine of $150 is less than the cost to store an RV offsite for one month, and so unfortunately on occasion a member sees little financial advantage to complying with the CC&Rs.. The General Violation Fine Schedule was last revised in 2018, and our homes have increased in value substantially since then, while inflation has reduced the impact of the current level of fines. It may be time to increase level of fines that the FCHOA is able to impose when efforts to encourage compliance through non-punitive discussion are unsuccessful.
The Board of Directors is considering a revision to the General Violation Fine Schedule (Click HERE) that would:
1) Increase the base fines to $100 for the first notice, and $250 for the second notice.
2) Introduce a third level of fine at $1000, reserved for the most egregious situations It would require a majority vote at a regular meeting of the Board of Directors to assess that third fine against a homeowner.
3) Introduce a recurring fine of $100 per month if the violation continues without compliance after the initial fines are assessed. This would apply only when something specifically prohibited by the CC&Rs remains in public view, and is intended to encourage compliance in those situations where the cost of compliance is greater than the initial fines.
4) Increase the amount of time a homeowner is given to comply between each sequential fine to 15 calendar days from the current 10 days.
The proposed General Violation Fine Schedule continues the authority of the FCHOA to take legal action to compel compliance. Legal action is a last resort that the FCHOA rarely initiates, in part because it can be costly to our community and take funds away from other needs. The proposed revisions to the General Fine Schedule are intended to both increase the likelihood of compliance and partially offset the costs of maintaining a compliance program.
We appreciate your support!
Foothills Clusters HOA
Board of Directors