JeanI (Louisiana)
Posts: 112
Posts: 112
Posted:
Can homeowner associations in a single family community require homeowners, at their own expense, to subscribe to an Association selected garbage pick-up service? JeanI
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garbage pick-up contracts
Started by JeanI • 7 replies • 2003 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Probably yes, depends on how your CC&R's are written.
Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Typically what services are provided by the Association is spelled out within the CC&Rs.
MikeS1
Posts: 521
Posts: 521
Posted:
But then you have trash trucks coming through on different days as opposed to trucks coming through once or twice per week.
FredS7 (Arizona)
Posts: 927
Posts: 927
Posted:
>Can homeowner associations in a single family community require homeowners, at their own expense, to subscribe to an Association selected garbage pick-up service?
The sensible thing would be for the association to pay once for all the homeowners.
(My association does this).
However that doesn't work well unless you have some limits on how much they will pick up. We have standard-sized containers.
The sensible thing would be for the association to pay once for all the homeowners.
(My association does this).
However that doesn't work well unless you have some limits on how much they will pick up. We have standard-sized containers.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It depends...We had dumpsters and private contract with that company. We had no individual cans. However, the city has it's own garbage system and we pay for it as part of our utilities outside the HOA. If your city provides garbage pickup then you may be responsible for paying for the service if that is the option the HOa uses. If they have a private contract then it should be part of yoyur dues.
Former HOA President
LawrenceC1 (Georgia)
Posts: 480
Posts: 480
Posted:
Jean,
We had this exact situation in our neighborhood. Our lawyer said that since this requirement was not written into our governing documents, we could not enforce it on the homeowners. In Georgia, courts have ruled in favor of free and unrestricted use of property except where a provision in the governing documents explicitly compels or prohibits a specific behavior.
What we ended up doing is enacting a rule that all residents must contract with a hauler that picks up on Monday, to limit the number of days that trash is out on the curb. This is covered by the provision that the Association can make rules that further the quality of life in the neighborhood. By stating the policy in terms of general benefits, rather than picking a specific hauler, the rule passes the reasonableness test.
Even this rule would have been unenforceable if there had not been more than one trash company serving the neighborhood on Mondays.
We had this exact situation in our neighborhood. Our lawyer said that since this requirement was not written into our governing documents, we could not enforce it on the homeowners. In Georgia, courts have ruled in favor of free and unrestricted use of property except where a provision in the governing documents explicitly compels or prohibits a specific behavior.
What we ended up doing is enacting a rule that all residents must contract with a hauler that picks up on Monday, to limit the number of days that trash is out on the curb. This is covered by the provision that the Association can make rules that further the quality of life in the neighborhood. By stating the policy in terms of general benefits, rather than picking a specific hauler, the rule passes the reasonableness test.
Even this rule would have been unenforceable if there had not been more than one trash company serving the neighborhood on Mondays.
JosephH2 (Pennsylvania)
Posts: 57
Posts: 57
Posted:
Our HOA amended the declaration to require all homeowners to individually contract with a garbage collection company selected by the HOA Board. This was done so that all trash was ppicked up on the same day.
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