Dear O’Annie, .

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Since moving to Daybreak, I have tried to follow the community rules and be a good Daybreak resident.  It’s not easy as the community rules as printed in our CC&R’s seem to be interpreted by our HOA management on a rather loose per case application. .

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A year and a half ago the community instituted a process to submit a complaint for a community issue.  Everyone called it a HOA rat sheet.  No matter what you wanted addressed in the community, you had to submit a “rat sheet”.  The HOA promised that anyone submitting a rat sheet would remain anonymous.  I submitted rat sheets and sure enough, the HOA didn’t keep the complaint confidential and told the homeowner who was responsible for the rat sheet, twice!  Needless to say the HOA’s breech of commitment caused great problems for me. The HOA never addressed the issue of the complaint. .

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On to the most recent issue, access to our garage is via an alley.  Our alley is always full of cans for days after garbage collection.  Between the wind and garbage collectors in a hurry, driving through our alley was always a dangerous adventure.  Needless to say, our HOA and the city of South Jordan refused to enforce rules.  So each week, I picked up other residents trash and cans just so we could get to our garage.

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   I wanted to shed some light on a recent issue that has become somewhat public, and now very public. A few months ago the HOA office sent out a large number of warning letters to Hamlet Homes owners in Eastlake Village informing them that their backyards were not compliant with the Daybreak CC&R’s and that if their backyards were not brought into compliance with the CC&R’s by May1st they would have to pay fines. Apparently the HOA office has been peeking over fences into Daybreak Homeowners backyards to check to see if they are compliant, which I believe is an invasion of privacy and kind of creepy.

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     Now don’t get me wrong, I don’t have an issue with Daybreak Homeowners backyards being reviewed via an appointment with the HOA office to ensure the backyards are in fact complaint with the CC&R’s. I only have a problem with how the HOA is going about ensuring Daybreak Homeowners are in fact in compliance with the CC&R’s. And I also believe that the HOA should get permission from the Daybreak BOD before they send out a large amount of letters like this, considering these backyards were ALL installed by the Hamlet Homes, and the fact there were so many homes affected, you would think that the HOA might have realized this could possibly a builder issue.

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     In the recent days since this issue has been brought to light Kennecott land has instructed Hamlet Homes that they need to go back to all the homes affected and update all the backyards in question at their own expense and that all of the updates must be completed by September 2009. So if you are a Hamlet Homes owner in Eastlake Village and have received one of the threatening letters from the Daybreak HOA you can shred it and recycle it and I would suggest contacting Hamlet Homes or the HOA to schedule your backyard restoration.

----------------  UPDATE --------------------------------------------------------------------

I should have updated this before (Thanks for the note David), since this article was written, the Dyabreak BOD decided to just approval all the Hamlett Homes effected by this mix up with the HOA and Hameltt. So all in all hopefully this is something that won;t happen again.