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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After 3 years of the HOA not doing their job and dodging an alley full of toppled garbage cans just to get in my garage, I’d had it!  I loaded up 2 garbage cans out of the many left in our alley and took them to the HOA office and left them sitting in front hoping they might grow to appreciate dodging them like we had the last 3 years.  I planned to retrieve them in a couple hours and return them to the alley. .

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Before I had time to pick them up, the HOA call the police and filed a complaint against me.  A SoJo officer showed up at my door to inform me of a harassment complaint filed by Mr. Francis at the HOA office.  .

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Needless to say, I’m completely puzzled how after 3 years of asking the HOA to take action and clean up the alley among God knows how many other problems our block has, the only thing that makes them take action is when the HOA has to look at the cans.  Then the action they take is totally self serving and does nothing to clean up our alley.  But they are more than willing to jeopardize a residents personal standing.

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So OA, what should I do about a management company that doesn’t enforce the rules and is willing to put a responsible resident in a precarious position that resulted from their poor management? .

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