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trash rules enforcement (VA HOA)

Started by DonnaR5 • 8 replies • 2255 views

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DonnaR5
Posts: 162
Posted:
Many HOAs' declarations were drafted with the general provision of being able to enforce the HOA's rules, without specifying the exact ways they could be enforced. Our declaration says: "Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection." What, however, can we do about a homeowner who refuses to take in her trash can, and in fact angrily asserts her right to leave it at the curb all week? We used to impose fines, but can no longer do that due to a court case (Shadowwood) that resulted in a ruling that HOAs cannot impose penalties that aren't specifically spelled out in the declaration.

Do we have any other enforcement options?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Yes,

Suspension of common amenities (after a hearing).
Granted, it only works if you have common amenities they may be interested in using (pool, clubhouse, etc

Legal action (but the judge will likely be unhappy with such a case).

Gather support and amend the declarations to impose monetary penalties.

The issue is that you have this as a covenant restriction vs. a common area rule.
Had it been a common area rule, you could impose monetary penalties (as the statute allows that).

Our covenants actually allows us to impound the container (which requires a fee to get back).
DonnaR5
Posts: 162
Posted:
(sigh). We just amended our declaration 2 years ago. If only someone had thought to include this.

When it was over, I said "Never again!" We had an enormous hurdle, 75% of the members. We amended that, so it would not be quite so onerous this time. But still a big job. And the issue is not as urgent as the last time, so how strong the support will be, I don't know.

I will suggest it, however. I'll let the ones who complain the loudest about the neighborhood trash scofflaws that they should do some of the legwork.

No, we have no clubhouse, pool, or tennis court, so that avenue is pretty useless.

Could you share the language in your documents so that I can show the other members of the board?
RichardP13 (California)
Posts: 3,868
Posted:
This is a summary of the court case. If you can't impose, how can you suspend one's privileges, if as the OP posted, they weren't in the CCrs in the first place?

Community Associations that have adopted rules and regulations that permit the association to avail itself of the enforcement capabilities found in Va. Code Ann. § 55-79.80:2 or § 55-513(B) should have counsel review the governing documents or condominium instruments, as applicable, in light of an unpublished Virginia Supreme Court order in Shadowood Condominium Association et al., v. Fairfax County Redevelopment and Housing Authority. In Shadowood, the Court determined that community associations do not have the authority to impose charges or suspend owner’s rights unless the authority is specifically granted in the condominium instruments or governing documents. This blog post analyzes that Court order.
GaryJ3 (Nevada)
Posts: 31
Posted:
May I ask do you have a garbage shed to hide the receptacle at each unit? If not does the person store the receptacle in the garage or front entrance.
We store our receptacles in the garage 2 of them. Problem is in the Summer it starts to stink and rodents all year round are in the garage . We do set traps, not a very sanitary situation.
In your case I wood amend the CCR'S saying fines will be levied @ $10.00 A day & a meeting before the board if the practice continues. Have you had a meeting with her to see why. You must have open dialogue with her before it gets out of hand.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By GaryJ3 on 04/25/2017 10:34 AM

We store our receptacles in the garage 2 of them. Problem is in the Summer it starts to stink and rodents all year round are in the garage .

Have you considered cleaning the receptacles?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 04/25/2017 6:50 PM
Posted By GaryJ3 on 04/25/2017 10:34 AM

We store our receptacles in the garage 2 of them. Problem is in the Summer it starts to stink and rodents all year round are in the garage .


Have you considered cleaning the receptacles?

LOL ... Just washed mine after trash picked up Monday. I also have 5 in my garage due to having acreage. In my area trash is enclosed in building or garage due to attracting Bears, Mountain Lions, Coyotes, Foxes, etc. With 5 trash cans I do not have rodents in my garage. I also line all of my trash cans with drum liners to help keep them clean between washings.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Donna

Many Covenants will allow some sort of remedy for violations but they may not have a specific fining schedule/remedy. Your association should make up such a fine schedule. Then warn the homeowner and commencing fine if the violation continues.

I do not see a Covenant Amendment necessary to implement a fining schedule.

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