Can HOA lock Garbage Bin if Dues are not paid?

Started by HoaP2 • 9 replies • 285 views

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HoaP2 (California)
Posts: 9

Posted:

Hello HOATalk,

Having an issue with a homeowner who continues to not want to pay their HOA Dues. We are a very small community so any homeowner that does not pay affects the rest of us very quickly. Before getting into legal matters if this continues, have a question to ask the Forum.

If one of items HOA pays for is garbage, can I lock the garbage bin which will not allow that homeowner to use the garbage until their dues are paid?
Is this allowed or not allowed?

MaxB4
Posts: 3,513

Posted:

Where would they dispose of their garbage? This becomes a health issue, so not sure you want to go down that path.

KerryL1 (California)
Posts: 14,550

Posted:

First, do your governing documents, i.e., your CC&Rs, or bylaws or Rules & Regs permission th HOA to withhold common area privileges when an owner is in violation?

MichaelT21 (Arkansas)
Posts: 462

Posted:

As Max says (rare time I agree with Max), you need to consider what they would do with their garbage if they didn't have a garbage can to dispose of it in.

ND (PA)
Posts: 792

Posted:

While you probably could, I don't think it's a good idea. Suggest finding other ways to try and get paid or penalize the owner.

You'll probably find out quickly that the homeowner will still dispose of their trash . . . it just won't be IN the bin since you've taken away their access . . . it'll be next to the bin, on top of the bin, or any other place they decide to leave it for someone else to take care of getting it into the bin.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

go for it, I want to see what happens!

vis ta vie

HoaP2 (California)
Posts: 9

Posted:

Hahaha, you are all great! Thank you all for the quick advice. It seems this may not be the right avenue to go down. I have added a late fee for each month that is past due (4 months past due; $25 fee for each month). Not exactly sure how to enforce the late fees to be paid? Was advised to add them and start a paper trial.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By HoaP2 on 12/14/2022 6:48 PM
Hahaha, you are all great! Thank you all for the quick advice. It seems this may not be the right avenue to go down. I have added a late fee for each month that is past due (4 months past due; $25 fee for each month). Not exactly sure how to enforce the late fees to be paid? Was advised to add them and start a paper trial.

File a lien.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can't withold services unless your rules spell that out. Otherwise you file a lien for non-payment of dues. If they still do not pay after a year, then you CONSIDER a foreclosure as a LAST step. Just be prepared to follow through.

Former HOA President

SheliaH (Indiana)
Posts: 6,964

Posted:

If this has been going on for a while, turn this over to an attorney - I know you may not want to get into the legal waters, but the longer you delay in collecting any debt, the harder it becomes to collect. You can't lock the garbage bin, but you may be able to suspend other privileges - check your documents, which may already have the language to this effect.

It may be a nastygram from the attorney will compel the homeowner to cough up the money (and make sure you add the legal fees to what he or she will have to pay). If not, filing a lien would be the next step. Or you could go ahead and file a lawsuit. Depending on how much is owed, you may be able to pursue this in Small claims court and wouldn't need an attorney.

Document everything you do and if the homeowner asks for a payment plan, ask for verifiable written proof of financial hardship before you do anything - your attorney can handle that part to ensure there's no unauthorized disclosure of personal information. Our community's general guidelines on payment plans are:

they don't exceed six months and the homeowner must continue to pay current assessments (this may require him or her to pay weekly, but that's life). The board will decide if the payment plan will be extended another six months, depending on the homeowner's compliance with the plan and the balance of what's owed

the decision to accept or decline a payment plan is the board's and its decision is final

automatic deduction of the payment will be required - we did this to ensure the money would show up and if the payment was returned, we had the option to file a criminal complaint because that's a form of wire fraud. It's gangster, but some people are really hard asses about this stuff, and the prospect of a visit from the police is necessary to get them to fall in line

It sounds like your community may need to take a good look at its collection policies and revise them. The attorney can help you with this and once the board votes on a revision, be sure all homeowners receive a copy so they know what will happen. Hopefully, this homeowner is the first and last time you'll have to deal with this stuff. Good luck!

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

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