Legal Precedent

Started by MikeM31 • 5 replies • 1305 views

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MikeM31 (Illinois)
Posts: 5

Posted:

Good Evening Everyone, I know this is only my 5th post or so but I have another question. We currently are dealing with a situation regarding our trash pick up. The way our building was designed and built causes an issue due to a car port blocking access to the trash containers by a units carport. The car port is considered a limited common element. The unit owners refuse to move their cars out of the way for access to the trash by our trash company which is resulting in missed trash pickups. The unit owner has lived in the building for approximately 8 years and the board has never taken action. recently the problem has gotten worse and trash is being picked up about 2-3 times a month, we have trash pickup 2x a week.

Unfortunately the unit owners is a board member (Board Member 1). Another board member (board member 2) is requesting we fine board member 1. My concern is that because the board has never taken action against the situation we are now in a situation that is unsolvable.

In order to relocate the trash we would have to rip out a garage which really is not an option due to costs. I want to suggest the HOA retain a lawyer but am not sure if that would be a good idea.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Mike,

Has this board member ever explained why he cannot move his cars out of the way during garbage pick-up?

Since the carports are a limited common element, are they each assigned by the association to a specific member (as opposed to first-come first-served)?

Among options to consider:
1. Switch carports with a neighbor who is not there when trash is picked up.
2. Make the carport a no-parking zone during the time when trash is picked up.
3. If the trash is in some sort of dumpster, mount the dumpster on wheels and roll it out to a location where the truck can get to it.
4. Declare the carport to be a no-parking zone 24/7.
5. Revisit the idea of moving the dumpsters. Just because your developer was an idiot does not mean you have to follow his lead forever. This is everyone's problem and there is no reason why everyone should not pay for the solution.

SueW6 (Michigan)
Posts: 814

Posted:

I'm sure that this could be solved with a consultation with the Trash company.

No resident should have to move their car every trash day so the trucks can get to the bins.

If the resident is parking there illegally, then baracade the access area, so a car can't get near the access area.

TimB4 (Tennessee)
Posts: 21,062

Posted:

As Larry said, there are things that can be done and it's not impossible to start enforcement now.

However, I also agree with Sue. There is a problem if anyone has to move their vehicle every trash day. That is the underlying issue that the Association needs to resolve (even if it does cost money not budgeted for to resolve).

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Can you move the trash bins to another location? We had a similar issue because our streets are too narrow. We had to go to the city to have one side of the street dedicated as no parking. However, since this is HOA property, it's time to go to the masses or the board to resolve. Seems if you can't move a car, then move the trash. Maybe in a place more convenient for everyone.

Former HOA President

MikeM31 (Illinois)
Posts: 5

Posted:

Thank you for your responses. We have tried working with the trash company and the current building construction results in the vehicles blocking all access to the trash. We have tried working with the home owner including suggesting switching spots, using another parking spot, moving from 2x to 1x a week trash pick up.

I have researched easement access as the car port is the buildings only open access to the alley as the rest of the property is lined with a garage.

At this point it truly is an architectural problem.

I think I will be suggesting that the HOA relocate the trash cans.

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