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Oquirrh Annie: The Broken Daybreak Dream

By Oquirrh Annie, on 10-09-2008 08:57

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Dear Oquirrh Annie,

     I’m disgusted, appalled, sickened, revolted, and on a good day, only dismayed with the Daybreak HOA and Kennecott Land.     

           

     I bought the Daybreak dream, sitting on my front porch, chatting with neighbors as they pass, enjoying a glass of iced tea while watching the sun set. My dream turned to an ugly reality and I haven’t sat on my front porch in two and a half years.  I don’t even like parking my car in front of the house because that would require me to walk by the horrible mess that keeps me from sitting on my front porch.             

   

     The first year we lived in Daybreak we found our home was surrounded by houses bought by an investor for rental property.  We really didn’t think about it until our first summer, when the landscape was left to rot and become overgrown. The drainage from the neighboring home flooded our backyard and eroded the area under our air conditioner. Trash and debris was left in driveways and yards.   The HOA promised to take action. They sent the owner letters and threatened fines.  No follow up and ultimately, nothing happened.  The HOA’s comment, “we don’t want to offend/alienate any of our homeowners”.  Well, they certainly did a good job of all that with me.         

       

     Year two, same thing, only the HOA didn’t take action. No letters were sent, no threats of fines, no follow up. I expressed by complaints to Kennecott Land who sent two of their representatives to my home.   We discussed the issue, they experienced the environment first hand.  We told them we wanted to sell our house because Daybreak was not as advertised. More promises made, things were going to change, not to worry, and everything will be straightened up with new incoming HOA management. Blah, blah, blah.  Guess what happened, NOTHING!  In fact less action than year one, if that was possible.        

         

     Third year, we are coming to the end of a summer exactly like the last two.   The “new” HOA management has had a year to take action.  NOTHING!  Kennecott Land has been in the mix for one year, more NOTHING!  I want to pull my hair when I hear the new Kennecott excuse, “we can’t clean up all the homes in foreclosure, it would cost the community a fortune”.  How is it that they don’t understand, after being told numerous times, the homes surrounding me haven’t been nor are they currently in foreclosure!  In fact the owner is very well off and can certainly afford to take care of his properties.                

 

 

     Meanwhile, I have a pocket full of promises and B***S*** from the HOA and Kennecott.  I can’t sell my house without taking a huge loss as the properties surrounding me look like crap.      

          

     I pay my HOA dues in full and on time, volunteer for the community when time allows, and pitch in to help neighbors when need arises. All actions that contribute to building community, one of the main pillars of the Daybreak Charter created by Kennecott Land.  So why is it, Kennecott and our HOA feel it’s appropriate to abandon a good homeowner when asked to enforce their own rules?  Seems Kennecotts sense of community ends when they cash the check for building lots.  

 

 

Sincerely Livin’ in the Trailer park

 

MAKE SURE TO CLICK THE READ MORE LINK BELOW TO SEE THE REST OF OQUIRRH ANNIE'S ARTICLE

Dear Livin’,                

 

 

     Ah reference to the Daybreak Community Charter, an interesting document, well worth reading.  A high minded essay that established the underpinnings of the Daybreak dream.  The #1 guiding principle of Kennecott Land Company (and you folks thought they didn’t have any principles), in developing the Daybreak community is; create community.  Number 3; add long term value.  Reading your letter tells me Kennecott has voided two of their main principles for building Daybreak.    

            

 

     The document goes on to expound on how dedicated Kennecott is (or was) to making Daybreak the greatest community possible.  It has commitment statements like;

 

 

 “Our planning begins with the people who will live in the communities we build”                                                                Peter McMahon, President, Kennecott Land Co. 

 

    

     Sadly Mr. McMahon has moved on.  I don’t know if Mr. Whyte shares the same sentiment.  If he does, it certainly hasn’t been obvious since he took office last year. I don’t see any great amount of concern for people in your situation.    

            

 

     My suggestions are probably nothing new since it appears you are familiar with the Daybreak documents.  Daybreak residents do have remedies to issues if the management will only do their job.  I won’t bore you with details, so I’ll just pull from the charter, which is our master document where other rules are distilled and defined.       

         

 

     Everyone in Daybreak has responsibility, homeowners, Kennecott, the HOA and it’s all defined in the documents Kennecott created. 

 

 

Chapter 5

 

The community derives its unique character from a mix of architectural styles and from the cooperation of all Builders and Owners in upholding minimum design, landscaping, and aesthetic standards. 

 

 

Chapter 6

 

One of the benefits of owning property in a planned community is the commitment among neighbors to maintain their property in a neat, attractive, and well landscaped condition to enhance the overall beauty and aesthetic appeal of the community.  

 

 

Chapter 8.2

 

Remedies for Non-complianceBoard has the ultimate decision to pursue action, but cannot be arbitrary capricious. 

 

 

     The HOA and Kennecott land have been arbitrary, capricious, and liable for their actions, it can be found in their own documents.  Since they won’t operated out of good conscience and meet the commitment to create the community they defined, in my opinion, all I can say is file a lawsuit!, you have grounds.  I’d also suggest you set up a picket line right behind the labor protestors next to the information pavilion. 

 

 

Fight the good fight!OA

 

Last update : 11-09-2008 08:17

   

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