HOA Bylaws amended

Started by AnibalR • 12 replies • 265 views

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AnibalR (Virginia)
Posts: 6

Posted:

Hi, I'm a homeowner, I need some help to understand whether or not the board of my community is abusing of power and unethical attacking me. This is the issue I live in a corner lot, so I have to roads around my house, I decided to put my trash/recycle bins on the side of the road instead of the driveway area, since is better for me and is not affecting the traffic, is blocking no one and it's put aside the vehicles parked on the road. There are three other houses next to me putting their container on this road as well (these three are facing the road)

The previous bylaws required to put the containers in a curbside area without specifying the driveway area, now they amended it to explicitly indicate the driveway area, obviously this action is to avoid me to put those containers on the side, but only affect me no one else. I see this unethical since there is no real reason to amend the bylaws beside just attacking me. There is no benefit at all for the whole community by doing this, this is just a childish attitude from the president.

What I can do revoke this?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is more about the trash pick up company. They want the trash containers on a certain side or location because of their equipment. Ever factor that in?

My neighborhood has a traffic island in middle of road. It is there to slow traffic. Plus it goes across about 6 driveways. If we the homes near the island put out our trash it can block traffic flow. So we tend to put our cans not on driveway or road. We put it in yard on curb edges. The traffic can flow and cans not flipped into road. We just have to put cans in by the next morning can not sit out all night.

Find out what the trash company prefers. They may be complaining about your placement.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

As Melissa said, the request may have come from the trash contractor.
It is also possible that the bylaws were changed to address where you were placing them.

Your question was how to revoke this.
The answer is: gather enough support to amend the bylaws again to abolish the previous amendment.

AnibalR (Virginia)
Posts: 6

Posted:

support from? Homeowners?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Yes, support from other members of the Association (homeowners).

FYI: Please note the forums posting rules

AnibalR (Virginia)
Posts: 6

Posted:

Thank you for your help, if you want me to remove anything please let me know.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Looks like the moderators got what I say to prompt me reminding you of the posting rules.

KerryL1 (California)
Posts: 14,550

Posted:

There seems to be a trend recently for O.Ps (original posters) to term an HOA's document "bylaws," and then cite an example that would only be in the covenants or in Rules & Regs.

Bylaws contain the structure & methods of the governance of the HOA--elections, directors, officers, members (owners) meetings, board meetings and the like. Things, like where to place trash cans, yard care (if any), what's permitted in front yards, in driveways, etc. are in Rules & Regs.

"They," Anibal wrote, amended the bylaws. But who is "they?" If "they is the Board, that's unusual, though not unheard of, but IN GENERAL, owners vote to amend the bylaws.

Are you s certain Anibal, that the document that was added is the Bylaws???

AnibalR (Virginia)
Posts: 6

Posted:

You are correct this is a new rule and regulation. The new regulation doesn't resolve any issue in the community, it sole block me to put the containers on the side. Can you (board) amend or create a rule to just control one homeowner even though there is no real issue on putting the containers on the side? is this ethical? or abuse of power?

AnibalR (Virginia)
Posts: 6

Posted:

TerriS6 (California)
Posts: 3,284

Posted:

Rules have to be consistent with your Declaration. Contact refuse company to see if it matters to them where you place it. Ie answer is consistent with your Declaration, you probably have a nasis to overturn the rule. Usually the board has to explain why they are enacting a new rule. Members can void a rule if they get together.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Anibal,

Is it possible that the piece of property you are placing your trash cans on is common area?

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