HOA rules on Trash can

That's some pretty stringent verbiage. That could be read to mean you are supposed to wait till you hear the truck coming, put it out and then put it in the back yard as soon as the truck drives away.

Is there a reason you can't put it out after 6 PM as the HOA suggests? How long after the truck picks up before you can place the can back behind the wall?

I ask these questions because, usually, in these circumstances 99% of the members are doing it right, making the ones who don't stand out like a sore thumb.

What I do is put my can out the morning of collection and then put it away when I return home after work. Is that not an option for you?

If they warned you according to your governing documents, then fined you according to the documents, you best pay the fine. Even you feel they are wrong and request a hearing, pay the fine. Always stay current with the HOA.

Good lUck.

You want to know what's legal, ask an attorney - we aren't lawyers. "Reasonable" to you may not be so much to me or someone else - ultimately, a judge would have to figure out what's reasonable. Having said that, as an association member, you did agree to comply with the community rules, so it would seem you're obligated to comply, even if you think the rule's ridiculous. You haven't said if you've asked your board for a hearing so you can make your case - you might want to do that first.

In my community, we're not supposed to put out our trash cans until 7am on the day of the pickup and picked up within 12 hours afterward. We also have a rule saying they're not supposed to be stored outside, but the city gave everyone the large rolling carts a few years ago and we have one car garages that are too small to hold them, so that's not really enforced.

Personally, I don't see why you can't wait until the appointed time to put the trash out - why is it necessary to have it out 6 hours early the day before? That can cause issues in the summer with the hot sun, attracting vermin and the like. If there are several people living with you, can't you designate someone else to take out the trash if you don't want to?

How did you know no one complained? I understand your concern about noise, although you must have some really sensitive neighbors if everyone is complaining about the rolling of a trash can - it's not like you're rolling it up and down the street for hours on end, but....

You still haven't said if you've discussed any of this with the board? Didn't this violation letter say something about appeal rights (if not, it should have)? File an appeal and ask to see verifiable proof your can was out at the wrong time (a time and date stamped photograph can help in this regard). It's usually faster and cheaper than going to court and who knows, the board may agree with you that part of this is unreasonable (whatever that means) and amend the rule.

And speaking of rules, check your documents - there may be language that states the board may enact additional rules so long as they don't violate the Bylaws and CCRs. Generally, the CCRs dictate how the common area is to be used - that's where you'll see rules about thinks like pets, parking and trashcans, I guess. That's also what an attorney will want to look at if he or she is to best address your situation - which is why I always say go to them with legal questions. You can try posting it on a lawyer's forum and you may get the answer you seek, but remember, people from all over the country read forums like this, so what applies in one state may not necessarily apply in another. If you cherry pick the advice that you like the best and go to court with that, you risk getting your behind handed to you.

But hey, do you - as I said on another question on this forum, you have to right to use or ignore whatever comments or suggestions made on this board. Sometimes people leave in a huff because they aren't getting the answer they want. I, for one didn't say, just do as you're told. If you think you aren't violating your community's rules, make your case before the Board - or a judge - and let's see how the story ends. Good luck.

Our trash can rule is it can be out after 5pm the day before collection and must be removed by 10pm the day of collection. We let the occasional infraction slide. Otherwise $25 fine for the 1st violation, $50 for the 2nd violation, $100 for the 3rd violation.

Steve are you in a gated or non gated community?

Steve

The City has a 6:00 PM timeline, the HOA doesn't, therefore the 6:00 PM timeline applies and the PM would be within their rights to cite you.

The trash cans rules are there for a reason.

Good analogy

It's never a bad idea to consult legal on matters like this. But I'm guessing they will give you the same advice you're receiving here. If you feel the fines are unjust, take legal action against the BOD. But be prepared to stand before a judge. Try to look at it as an outsider. Read your documents and decide who the judge would side with.

I'll add this, if putting the trash can out at 7 am bothers your neighbors, THEY should complain to the BOD to have a time limit set. You're using that as an excuse. That won't fly. Put your can on the curb for the shortest time possible and you'll be okay.