Trash cans in the alleys

Started by RaghuramA • 5 replies • 762 views

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RaghuramA (Texas)
Posts: 26

Posted:

We are a 5 yr old community in Texas. Most of the houses have back garages and 3 streets have front garages. We also had a new management company and they started enforcing the rules strictly and sent notices to all homes whose trash cans were left outside on non trash collection days. Most of the back garage home owners started disagreement on it stating that what is the issue when trash cans were left in the alley? Front garage guys jumped in stating the rule should be same for both. If they have to keep them inside, others also should do the same.

Any suggestions on how to deal with this?

Thanks
RR

SheliaH (Indiana)
Posts: 6,964

Posted:

Start with the documents - are trash cans addressed, and if son , what do they say? If the CCRs say trash cans have to be kept onside, everyone should comply and it shouldn't matter if your garage is in the front of back of the house.

For the people who we can are in the alley, have there been problems with overflow trash that gets blown everywhere? Do some of the cans call on the ground after being emptied by the trash collector and the wind blows them down the street, possibly into cars? Or they get damaged or someone picks up someone else's can and has gotten tired of figuring out who owns it or lugging it down the street to the end of the block where it belongs?

If there have been problems in those areas, that should explain to the others why the rule is necessary and consistent enforcement is vital so people don't tell about selective enforcement.

You don't say if you're on the board - if so, remember the property manager works at the boards direction, so you should know why there's a new emphasis on enforcement. If you arent, send a letter of email to the board and ask them. And take a look at recent board meeting minutes and community newsletters or the website. Maybe the board made an announcement about this and you missed it (or ignored it).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BenA2 (Texas)
Posts: 1,273

Posted:

I understand the argument that trash cans in the alley don't have the same effect as trash cans in front but that's irrelevant. If your CC&Rs state they cannot be left out, the HOA has to enforce the restriction uniformly unless the CC&Rs give the board discretion to grant exceptions. Then you could grant an exception to the alley people based on the fact they are not in view of the public.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Agree with Ben.

IF you enforce regulations, you must enforce equally.

ND (PA)
Posts: 792

Posted:

What Sheila suggested . . .
1) find your HOA documents.
2) find where trash cans (or similar reference) are addressed in your documents.
3) confirm that rules are same regardless of what type of house (back garage vs. front garage).
4) enforce the rules equally on all houses.
5) if someone has an issue with it, point them toward the rule.
6) if people still complain, then there are ways to change the rules (spelled out in your documents) if enough of the community wants the change.

CD6 (Texas)
Posts: 34

Posted:

If the CC&Rs do address it or not, ifyou treat them differently,
eventually someone will holler "Selective Enforcement" and then it's
on.

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