HOA garbage rules

Started by CaitlynB • 10 replies • 568 views

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CaitlynB (Maryland)
Posts: 3

Posted:

Hi all, I’m new to here and hoping you can help clarify something for me. We are members of an HOA of private homes in a non gated community, which includes several homes on the block adjacent to the non gated community. The homes on this adjacent block face county homes that are not part of the HOA. Our HOA has said that garbage cans may not be visible from the street so owners must build either an enclosure for the garbages, plant a shrub to block them or store them in the garage. Does this rule apply to the several homes not inside the development, as they are facing non HOA homes and are on a public county street? Do the same rules apply as to those people living within the community?

CathyA3 (Ohio)
Posts: 6,299

Posted:

HOA rules only apply to members of the HOA. THe HOA has no right to tell anyone who is not a member what they can and cannot do.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

If they are not in your HOA, the rules do not apply to them.

CaitlynB (Maryland)
Posts: 3

Posted:

I’m so sorry, I wasn’t clear. The several homes that are on the adjacent block ARE part of the HOA, they’re just not located within the development. The HOA doesn’t want the garbages visible from the street within the development. The question is whether this rule applies to the few homes that are part of the HOA but located outside the development, whose garbages are visible by the street and homes not governed by the HOA.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Rules/Regulations must apply to all or the Association faces the challenge of selective enforcement on any enforcement action that is attempted.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

So they are members of the HOA but not governed by the HOA? I'm even more confused now.

CaitlynB (Maryland)
Posts: 3

Posted:

They are members of the HOA, they have the same homes built by the same developer around the block from them. A developer built a bunch of homes in a development and then just a few of the same homes on the block adjacent to the development. The rules about not seeing garbage from the street apply to everyone belonging to the HOA. I understand than within the development they don’t want others in the development belonging to the same HOA having to see each others garbage cans. My question is, does this rule apply to the few homes on the adjacent block built by the developer, part of the HOA, since the people seeing the garbage cans are their neighbors who don’t have homes built by the developer and are not part of the HOA?

TimM11
Posts: 354

Posted:

If they are in the HOA, then the rules apply to them. The physical layout of your HOA and who can see the garbage cans don't matter.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

I'm so confused I'm dizzy.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

My question is, does this rule apply to the few homes on the adjacent block built by the developer, part of the HOA, since the people seeing the garbage cans are their neighbors who don’t have homes built by the developer and are not part of the HOA?

Depends. Does your development and the homes outside the development have the exact same CCR/Bylaws? Its possible they are part of the HOA, but have different CCR's on their deeds than you.

If your not sure, its possible the houses outside the development may be different. Check the deeds of the houses outside the development and see if they have and CCR/Bylaws registered. If not ask a homeowner for a copy.

KerryL1 (California)
Posts: 14,550

Posted:

With those who say the rules apply: I agree,.

We're high rise condos and there are rules about the appearance of our balconies, window coverings etc. "that can be seen form the exterior. so there are numerous neighbors in high rises who are NOT part of our HOA, but who view ours. In fact some of our condos' balconies and window covering can be seen by NO members of our own HOA. But the rules about appearance still apply.

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