Rights/Privileges as the apply to absentee owner/investor

We have an absentee owner/investor who rents out their home in our community. Because he's too cheap to pay for his own trash services at his home that is about 4 miles from our community, he brings his trash and dumps it in front of the tenants home every week. Sometimes, it's like 12 big bags.

Our docs are clear about the recreation privileges transferring to the tenant. (IE pool privileges and parking), but the docs are silent of other privileges and there is no generic catch-all clause that might address this situation. Who would have thunk it?

The tenant is complaining because it's unsightly and they are having other legal issues with the owner, but I'm at a loss to see how this can be prevented. Yes, it probably only affects the Trash Vendor's bottom line, since we pay based on number of households; however, it's just not right (in my eyes).

Thanks Bruce - Amending the CCRs requires 2/3 of owners to vote, but we have to make some other changes so, we'll pile this one on. So the guy is saving himself $70 per month. It takes all kinds. I thought about returning the trash bags to the rightful owner, but I'm usually all about taking the high road.

one could always notify the trash company of the abuse. A simple check of the contents (a la Alice's Restaurant) would likely show a lot of junk mail with an address outside the route.

Maybe the trash company doesn't like being scammed, and they would do something.

John, Brian, David - Good points - Thanks very much.

Send the owner a letter similar to the following:

"The Board negotiated garbage collection based on the number of households in our association. We have become aware that you are bringing garbage from a home outside of our association for collection at the expense of the association.

"Because your actions jeopardize the contract between the garbage collection company and us by imposing a burden that neither party foresaw, we request that you either discontinue the practice of bringing garbage from household(s) outside the association or provide us evidence that the garbage collection company agrees to collect the additional garbage at no additional cost to the association."

I agree. A great first line of defense.

Bruce,

Is this mandate for homeowners to use the one trash hauler written into your CC&Rs, or is it something that the board enacted on its own?

Bruce,

I'm thinking this means that your board of directors set this policy, and it's not written into your CC&Rs.

We have been told by our lawyers that we can't do this without first modifying our Covenants, but I don't take everything that the lawyers say as the final word on a subject. After all, they are looking for billable hours spent making the modifications.

Then again, there may be differences between the law in Georgia and in Connecticut. These things are seldom clear and obvious.

The HOA should shift its deliberations towards to landlord as the tenant does not have an account with the HOA.

The trash collector is collecting garbage for one extra property than is contracted with the HOA - and the HOA board of directors is aware of this.

Therefore, the HOA board is obligated to inquire into the behavior's possible effect on the garbage contract, especially if it's creating excess collections that will be billed to the HOA separate from its "one trash container" billing.

Whether you check with the landlord or check with the garbage company is a decision of the board of directors. Other dues payers deserve peaceful enjoyment of contracted services. Minor breaches, when they arise, violate this basic premise. No HOA rule or regulation will trump the signed contract w/ the trash collector, who deserves your board's diligence as you demand they appear on a regular schedule.

This one seems easy to me if the HOA board has the guts to protect its interests. This landlord isn't acting with modesty and dumping waste at his investment property.

People forget our boards lead "homeowners' associations" and not "investment property owners' associations."

Protect your home.

During trying economic times, you can't blame people for dodging a bill that their "other" property pays. If you're hauling trash off one of your properties to another of your properties, you know what you're doing and what it means. If this HOA contracts were attached to people, it wouldn't matter. But, many contracts are on a per-property basis. Maybe the landlord can move in with his tenant and alleviate the problem!

Mike, she said one but I doubt she posted the true number or I doubt the HOA would have said anything. I was going more for what people felt "entitled to", she like your homeowner felt it was their right. Heck we had someone who lived here who thought it was their right to fill the dumpsters with used carpet. They installed it for a living and thought it would be fine to drop it off at home rather than pay to dispose of it. That is until he got the bill for the extra dumps and yes our CC&R's allowed us to pass the cost on to him.