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FredW5 (Florida)
Posts: 177
Posted:
Hello everyone.

Some of our HOA board members want our entire community to use the exact same trash cans- same Colors, sizes, etc.

The HOA would buy the trash cans, and bill the residents.

Any opinions on this?.. I believe it is against our HOA By-laws, which only state that "Trash must be placed in enclosed containers the night before pickup".
Nothing about size, colors, styles.

Thanks!

FredW5 (Florida)
Posts: 177
Posted:
Double Post- Sorry.
TimB4 (Tennessee)
Posts: 21,062
Posted:
If you are billing the members, it sounds like a special assessment. As it's not being taken out of the operating fund.

Make sure procedures are properly followed to approve a special assessment.

If the special assessment is approved, then so be it. If it disapproved, then keep doing what your doing.
FredW5 (Florida)
Posts: 177
Posted:
Hi Tim.
Thanks for responding.
The Board wants to bill each and every resident for the new trash containers which would all be of the same colors and size..
The majority of residents are against this idea.
Fred.
GenoS (Florida)
Posts: 4,276
Posted:
Do your bylaws also reference any additional rules and regulations that the board may adopt from time to time? This could be classified as a rule/regulation which wouldn't need the CCRs to be amended. It sounds like it is not in conflict with the CCRs although it seeks to impose greater restrictions than what's spelled out in them. You may have a valid point.

If it goes forward it does sound like it should be a special assessment, which the board will have to have a duly noticed meeting about before imposing. They'll have to listen to members input at that meeting, but are free to ultimately do what they want.

Finally, if this was my HOA, we would first try to assess whether new trash cans for everyone fell under any of our yearly approved budget categories, and if they did we would probably allocate some of that budgeted money for the cans as long as there was money available that wouldn't bust the budget. Pretty sure nobody here would squawk about it. It would depend on the total cost and what was available.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By FredW5 on 07/06/2015 1:31 PM
Double Post- Sorry.

The site is very slow today which makes it very tempting to hit the "Submit" button again. There is no visual feedback when that button is pressed and, as a result, you will always see double posts on the forums here. Even 3x and 4x posts aren't uncommon.

The way to do it is press "Submit" once, and only once, and wait patiently
TimB4 (Tennessee)
Posts: 21,062
Posted:
Fred,

I understand what the Board wants to do.
Having a separate billing of the residents/members is akin to a special assessment.

If a special assessment in your Association requires membership approval and the majority are against it, the assessment will likely be disapproved.

If a special assessment in your Association only requires board approval, then it appears that this may occur unless there are a lot of complaints to the Board before it happens.

CarolF (Florida)
Posts: 435
Posted:
In our county in FL we have big garbage bins that are provided by the county (perhaps the vendor may provide these as part of the contract, I'm not sure). The trucks have mechanical arms that reach out and raise and empty these bins which coincide with their equipment. The driver controls the entire process. If your county has any future plans to go to this type of system it would be a waste for your HOA to start requiring something different now, only to have it be changed in the next few years. Perhaps you should look in to your county's future plans for garbage collection.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By CarolF on 07/06/2015 3:56 PM
In our county in FL we have big garbage bins that are provided by the county (perhaps the vendor may provide these as part of the contract, I'm not sure). The trucks have mechanical arms that reach out and raise and empty these bins which coincide with their equipment. The driver controls the entire process. If your county has any future plans to go to this type of system it would be a waste for your HOA to start requiring something different now, only to have it be changed in the next few years. Perhaps you should look in to your county's future plans for garbage collection.

Almost everywhere in AZ the street-side containers are furnished by either the city or private contractor and they are mechanically dumped into the truck. There are few, if any, places where cans are manually dumped into a truck. BTW, I have timed it and the trucks average dumping one house every six seconds.

Fred, maybe your association should be looking into a different trash collection service.

DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By LarryB13 on 07/06/2015 4:13 PM

Fred, maybe your association should be looking into a different trash collection service.

That may not be an option. In my county, garbage collection is billed with property taxes and the county chooses the vendor.

Escaped former treasurer and director of a self managed association.
GenoS (Florida)
Posts: 4,276
Posted:
In my county we were told by the county who we had to use for garbage and recyclable collection. One of the few things that reminded me of New York, e.g. "You get it from us... or you don't get it." Being reminded of NY things here is rare. The pizza sure doesn't do it.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We have no choice. Our City gives us our cans. The recycling company our bins. We have green cans and blue recycle. However, the city next to us has the option of "Pink" cans for Breast Cancer Awareness. Think you have to pay a nominal fee and choose that can.

It would be best to discuss options with the garbage supplier. Our HOA actually used a dumpster on each end of the community. We did not have cans at all or recycle bins. All that was done at one designated area.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
In our county trash collection is private. Owner contract for such and the trash company provides the containers thus in our HOA the containers are all alike.

I saying requesting trash containers all be alike is a bit Stepford Wife like.
FredS7 (Arizona)
Posts: 927
Posted:
> I believe it is against our HOA By-laws,

It is not AGAINST it represents a supplemental or clarifying rule. Get this out of your mind.

Whether it is advisable is another matter. In AZ as noted it is common for trash collectors to require at minimum uniformity in shape and size.

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