Dumpster Parked in Common Areas

Started by AndersH • 4 replies • 971 views

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AndersH (Arizona)
Posts: 30

Posted:

We are in a 128 unit condo community in Arizona. One of the homeowners is going to remodel his unit and has asked the board to park a dumpster in the common area during the time of remodeling. Our CC&R's does not cover this, but only refers to restrictions for parked cars. Can our board deny the homeowners request and instead suggest that the contractor brings a truck each day and haul it away in the evening? Does anyone have any experience with this situation? Any suggestions will be appreciated.
Thank you,
Anders

AugustinD
Posts: 5,144

Posted:

If I were on this condo's board, and in the interests of promoting longer term property values, I would want to know how long the dumpster would be there. If it were not more than a few days, I would consider a motion to inform the owner that they could use the space for x days but the charge would be y dollars per day (charging per the per square foot rate of rentals?), and an inspection would be done before and after to restore the common area to its original condition. Also liability insurance would have to be provided by the owner, and the owner would have to make a deposit to cover the cost of any damage to the common area. Though a careful reading of the governing documents might be necessary to see if this is legal. The HOA attorney might say no, due to liability concerns.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Anders,

If it were me, I would approve the dumpster for x number of days along with the requirement that the member is responsible for any damage to the common area due to the dumpster and traffic to/from the dumpster.

If you have assigned spaces, the other option would be to approve a dumpster in the individuals assigned parking space. Again, only for x number of days.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 05/19/2018 11:00 AM
Anders,

If it were me, I would approve the dumpster for x number of days along with the requirement that the member is responsible for any damage to the common area due to the dumpster and traffic to/from the dumpster.

If you have assigned spaces, the other option would be to approve a dumpster in the individuals assigned parking space. Again, only for x number of days.

I agree.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Anders,

Keep in mind that renovations will occur in the future as well and dumpsters may be needed for that work. You may want to do a simple approval for this work and adopt a resolution for future instances.

Things to consider for a resolution:

1) Placement of the dumpster (not blocking ingress/egress, front/side/rear of building, on common area, in parking space, etc.).

2) Size of dumpster (there are different sizes, the contractor will want the largest so it doesn't have to be emptied as often but that might not be practical for your area).

3) Length of time dumpster can stay on property (Personally, I'd limit it to one week with options to renew approval if dumpster needed longer).

4) Who pays for repairs for damage to common areas caused by the dumpster or traffic (foot or vehicle) to the dumpster.

5) Who inspects to say there are or are not damages.

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