HOA and Trash cans

1. I think it's common to have a provision that any payments go first to fines and then to dues.

2. It all depends on what exactly is in the CC&Rs but- my understanding is that the association can establish rules clarifying exactly what the rules are for trash. For example, my association requires that trash containers be put out the evening before collection and removed before a specified time the next day.

If you don't like the way the rules work now, you should so instruct the board (by voting them out).

Julie,

Have you read your "rules" and "collection policy"? Have you talked to your BOD in person about this and expressed your opinion?

Our HOA allows for the trash cans to only be out the day of pickup and the next day without being fined.

Taking your HOA to court means you pay for the legal fees for the HOA and your own legal fees too which could potentially be way more than the fine. Try to resolve this by communicating with your BOD.

Or move.... Seriously.... In our subdivision, we have rules in the deed restrictions that states trash receptacles can be placed out on the curb no earlier than the night before trash day and the containers must be stowed/stored the same day as trash pickup. This enables the community to have a pleasant feel to it and reduces clutter and possible obstructions in the streets on a windy day. With strays out and about, having trash cans out for extented periods of time only add to the likelihood of getting knocked over and thus, trash everywhere. If in the event, say, I go on vacation, I'd ask a neighbor if they would put my trash cans in my backyard out of sight. Together, the community can create a pleasant looking subdivision. I seriously doubt the majority of people enjoy looking at trash cans out and about or even visible. If lawn care for a resident comes in on a non-trash day or the day before, they, like I, take the bag of clippings into the garage.

Good luck on your situation..

Julie,

Now would you seriously consider the rather large expense of hiring a lawyer, taking a chance on losing and then having to pay the HOA's legal bills as well before you would consider putting the garbage can away? Lately we have been telling those who feel that they are being picked on by their Boards, to PICK YOUR BATTLES. This would be a battle that you would lose. You are violating the rule , and don't worry about what someone else is violating. Your words are "anamosity, dictators, and they hate me" seem not productive to working things out. All of this over a garbage can!

Julie,

I did read your covenants (thank you for providing a link). You are correct that they do not address when the trash containers can be placed out for pickup. However, that information is typically not contained in the CC&Rs but in a resolution adopted by the Board.


Looking at the whole document it is obvious that it was written by the developer and should be updated as there are things within the document that would only apply to them. With that said, lets take a look at that sentence in question:

"3.5.10 Trash Containers and Debris. All Trash shall be placed in sanitary containers either buried or screened so as not to be visible from adjoining lots or streets or roadways. "

Personally, I would interpret this as your Association is interpreting it. That the containers must be buried or screened. I can see how it might be interpreted that trash must be buried or screened. However, in my opinion, that would be an incorrect interpretation. The words buried or screened would be adjectives modifying the word containers (no, I'm not an English teacher). Granted, that sentence could be better if it were rewritten.


I'm glad you are trying to amend the CC&Rs to clarify areas that could be misunderstood. However, if trash services change it could require that the documents be amended each time. This is why stuff like that is typically considered a rule. Your Governing documents, grant this authority under Article VI section 1 (6.1) in your Declaration.

This would also be the authority for the Board to adopt a procedure on how to apply monies received from it's members.


This is certainly your option. If this is what you want I would recommend that you seek advice from a local attorney to see what your chances are of winning if the issue did go to court.

However, if you want to try and minimize your legal expenses I would suggest the following:

a) Seek an opinion from an English teacher on the interpretation of the sentence. It won't be a legal opinion but it would be a probable interpretation of how the courts might define what the sentence means.

b) Request a copy of resolutions regarding the Associations application of payments. If there is none - recommend that the Association adopts one so there is no confusion in the future.

c) Write a polite letter to the Board that you currently disagree with the Boards interpretation of the CC&Rs and that you are seeking guidance. You are willing to comply with the CC&Rs and that this guidance should be completed by mm/dd/yyyy. Explain that this is why you chose not to pay the fine right away but did make the appropriate assessment payments. Ask for a delay until that date before assessing the fine.

d) If your research supports the Boards interpretation, then apologize to the board. Explain that you do desire to comply with the covenants and that there was just a misunderstanding in the interpretation and ask that fees be waived.

If your research supports your interpretation, then provide this evidence to the board and ask that they adopt a resolution to clarify the CC&Rs so the issue doesn't happen in the future with other residents and that the fine be waived.

Based on your postings, it may actually be too late for some of this advice.

I wish you luck and please keep us posted so others may learn from your experiences.

Tim

Have you tried presenting a plan for screening the trash containers when they are on the side yard?

I was looking at your development via bing maps (area from the developments home page) and I see that a lot of the homes have a fence that goes all the way to the driveway. Perhaps fencing in the side yard where you place your cans with a gate on it will be permissible. Then you can place your trash cans within that section of the fenced yard.

It's an option.

Tim

Julie.
I hear ya in terms of physical disability (that's what I'm taking from your comments concerning your inability to get them in your backyard). You may wish to have a meeting with the HOA. If they refuse, shame on them. If they have had enough of you, you need to extent the olive branch. Believe me, there are neighbors that all they do is whine, yet they don't want to lift a finger to help on ANY issue. Remember, most HOA board members are totally, 100%, without a doubt, volunteers who, with all of best intentions, want nothing to do but maintain their subdivision or quality of life for themselves and the whole neighborhood. They are usually there because noone else wants to do it. It's not a paid job.

Back to my point. At my last house, we had a little pad of concrete big enough for the trash cans. It was surrounded by a lattice/picket type of fence the height of the trash cans. You could also plant shrubs around it (of course, maintaining their pleasant look). This would satisfy the criteria that the trash cans be "screened". Discuss this with your HOA board and/or ARC. Per your deed restrictions that Tim copied

"3.5.10 Trash Containers and Debris. All Trash shall be placed in sanitary containers either buried or screened so as not to be visible from adjoining lots or streets or roadways. "

The buried and/or screened item isn't the trash, it's the sanitary containers, of which, your trash is supposed to be placed in. I totally understand the smell issue. That's why it's YOUR responsibility to maintain your containers, ie.. rinse them out with a garden hose if they become filthy. There's nothing hard about that.