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TimB4 (Tennessee)
Posts: 21,059
Posted:
All,

I was contacted by a new owner asking about about obtaining a recycling bin.

Bins are owned by the contractor, who issued one to each home at the beginning of the contract several years ago. It appears that the previous owner either lost the bin or inadvertently packed the bin when they were moving.

My question is, if a charge is incurred, who should pay for a replacement?

Side note: I've contacted the previous owner to see if it was packed out, but if they say no, I will need to contact the contractor to see about obtaining a new one.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It depends on the contractor policy. Is there a replacement cost? If so, I would ask the new owner if they would pay for it? The response will be telling for more interactions later. If they say no and say it's a HOA expense, then you know most likely this will be how things are viewed on other issues down the road.

I would inform the contractor that this is a NEW owner and never had been issued a bin. Maybe it can be that each new owner gets a bin. After that, any replacement bins will be responsibility of the owner not the HOA.

Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posted:
Seems like an issue between the buyer and seller to me. I would equate this with the seller taking the appliances and light fixtures, not an association issue.

Escaped former treasurer and director of a self managed association.
AugustinD
Posts: 5,144
Posted:
What responsibility, if any, do the governing documents assign to the HOA for collection of trash and recycling? Is payment for trash and recycling included in the monthly HOA assessment?

What does the purchase agreement say, if anything, about turnover of items that go with the home?

Else I echo Melissa's response.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AugustinD on 10/03/2016 6:46 AM
What responsibility, if any, do the governing documents assign to the HOA for collection of trash and recycling? Is payment for trash and recycling included in the monthly HOA assessment?

Yes, trash and recycling collection is provided by the Association per the CC&Rs

Quote:
Posted By AugustinD on 10/03/2016 6:46 AM

What does the purchase agreement say, if anything, about turnover of items that go with the home?

No idea. The Association is not a party to the purchase.

These are fee simple homes.

ND (PA)
Posts: 792
Posted:
We have the same setup with our trash contractor and I've been waiting to encounter this same issue in my HOA.

Declaration probably says (more or less) that HOA pays for trash/recycling. As an owner, I'd assume that I wouldn't be financially responsible for anything other than my monthly dues, part of which is for trash/recycling. As such, I wouldn't pay my own money for something that should already be supplied to me.

I think the HOA should just pay for the new bin if the contractor insists that someone must pay. Then work on a process for trying to prevent it from happening in the future.

The only other options are to have new resident pay (which may start the relationship off poorly) or have old owner pay (which is worth a shot, but probably unlikely to occur).

Also, I might suggest letting the new homeowner contact the trash company and explain that they just purchased and do not have a recycling bin. I'd think that unless this happens frequently, the company will simply provide a replacement with no questions asked. Good business practices will put customer relations and potential future business ahead of a minor recycling bin cost. Of course if it happens frequently, this is a different story.

Let us know what happens.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I think like ND. If the HOA contracted for the service and a bin goes missing, then HOA should order up a new one and if billed for such, pay for it and try to collect from prior owner.
LarryB13 (Arizona)
Posts: 4,099
Posted:
I have lived in several different homes in different cities and towns. The trash services, whether municipal or private party, have always supplied the bins at no charge. My city-supplied recycling bin was recently damaged and the city replaced it at no charge without even asking. It is just a cost of doing business that is passed on the customers as overhead.

I cannot imagine a trash contractor so petty as to charge for lost or damaged bins. If your bin gets lost or damaged, will they allow you to purchase a replacement from another vendor? Does the bin become the homeowner's personal property?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our HOA did not use bins. We had a dumpster like bins at the trash dumpsters. So there were both a Garbage truck and a recycle truck that ran. However, at my current non-HOA home we have bins. I've never contacted them about my bin. I do know if you want an extra one they may charge. The town next to me has an optional "Breast Cancer" recycle bin that is Pink. It cost additional charge like $35 or $50. The money is to go to the Breast Cancer fund.

So each company is different. Most should give each owner a bin. Any additional new bins or special editions may cost a fee. That is why if I was contacting the company, I would make sure they knew it was a new owner and NOT existing one.

Former HOA President
PitA
Posts: 1,416
Posted:
MelissaP1,

In other words: "I don't know."
CfD (Virginia)
Posts: 265
Posted:
I think your HOA is better off simply purchasing a new bin for the new owner Tim. Both the previous and new owner can say anything about a bin gone missing, and your HOA couldn't prove who was telling the truth or what really happened to the bin. Seems like an isolated event, but if it happens again I'd put some policies in place to hold the outgoing or new owner accountable in some way.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Update:

I've contacted the previous owner and have received no response.

I've contacted the contractor and there is a $10 charge for a replacement bin (a charge the Association may have to pay anyway at the end if enough bins are not returned).

Our board meeting is in a couple of weeks. Therefore, the issue will have to wait until then.

LetA (Nevada)
Posts: 2,679
Posted:
I am not overly fond of the pilot program that Republic Services is rolling out here in Southern Nevada. Each home will receive two 96 gallon bins. One if for waste and the other is for recyclables. With out HOA not enforcing the NO on street parking, I wonder how the Republic is going to handle their 1 solo person per truck. Driver only will have dump garbage.
In a perfect world with no cars parked in the street and if everyone puts their bins facing the same way so the driver can stay in the cab and use the remote arm to grab the slot to dump the bins.
WE all know this is not going to happen and besides, I am not overly fond of storing two 96 gallon trash bins on MY property AND make sure they are out of sight in accordance with the CC&R as they are currently written.

Two 96 gallon bins are nearly the same size a a small dumpster that you see in commercial settings.

Good luck, I proposed to my HOA that people be allowed to put their bins outside, either behind a lattice screen or inside one of those garden storage
sheds with the top and doors that open. something that matches the aesthetics of the home. Simply leaving trash cans on the side of the hose looks tacky.
LetA (Nevada)
Posts: 2,679
Posted:
That'a good, I've never heard of HOA's being responsible for providing garbage cans or bins, that is always on the service provider.
TimB4 (Tennessee)
Posts: 21,059
Posted:
LetA,

The service provider always provides the container.
However, if the container goes missing and isn't returned at the end of the contract, the contract owner must pay to replace.

We were offered the larger bins as well and turned that down for the same concerns you have expressed.
The nice thing about the larger bins is that they are numbered and the service provider knows what address the bin was delivered to. This can help the Association with enforcement issues of who is leaving their bin out.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By LetA on 10/05/2016 5:54 PM
I am not overly fond of the pilot program that Republic Services is rolling out here in Southern Nevada. Each home will receive two 96 gallon bins. One if for waste and the other is for recyclables. With out HOA not enforcing the NO on street parking, I wonder how the Republic is going to handle their 1 solo person per truck. Driver only will have dump garbage.
In a perfect world with no cars parked in the street and if everyone puts their bins facing the same way so the driver can stay in the cab and use the remote arm to grab the slot to dump the bins.
WE all know this is not going to happen and besides, I am not overly fond of storing two 96 gallon trash bins on MY property AND make sure they are out of sight in accordance with the CC&R as they are currently written.

Two 96 gallon bins are nearly the same size a a small dumpster that you see in commercial settings.


What you describe is precisely the way we have done things in Phoenix for at least 20 years. The city issues each home two 96-gallon bins - a blue one for recycling and a dark green one for all other trash. Both are picked up on the same day by different trucks. The driver operates the truck solo and never gets out of the cab. I have timed them and it takes 10 seconds per house. On pick-up days, some people set their bins on the sidewalk but I set mine on the street at the bottom of the rolled curb. If there are cars parked on the street we set the bins a little farther into the street and often in front of the driveway. It is just not a problem.

BTW, the bins are marked as to which side should face the street. That part should be a no-brainer.

Since my home is not in an HOA, we have no CC&R's to worry about. If the city has an ordinance against storing the bins in a visible location, I am not aware of it. Mine are stored beside the garage on the side of the house.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Here is a video showing the current generation of Phoenix garbage trucks in action.

https://www.youtube.com/watch?v=TosS2hVi5_0

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