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PatJ1 (North Carolina)
Posts: 568
Posted:
Condos are regarded by the City as a Multi-Family Community for trash and refuse disposal.

City provides trash and recycling services at 5 dumpster locations. HOA pays for rental of the dumpsters. Weekly household trash pick-up provided by the City.

Household items, furniture, appliances….. are classified as Bulk Waste. The City provides this service and charges each owner $120 on their yearly property tax bill for this service. Pick-up is weekly upon request. Previously, items were placed in an area by each dumpster for collection.

New R&R’s state:

Large items for bulk pickup must be called into 311 and placed outside the day before pickup. Items must be less than 75 pounds. If your items are not picked up you must remove them to the city dump.

Furniture, including mattresses, couches, bed frames, dressers etc are not allowed to be left at the dumpster. They must be removed to the city dump.

Appliances, including washers, dryers, and refrigerators are not allowed to be left at the dumpsters. They must be removed to the city dump.

New Board didn’t like the way items left at the dumpster looked, so they’d dump them in the dumpster. (Which is in violation of City rules. Dumpsters are for household garbage.) Dog houses, washing machines.......... thrown in the dumpster. Blocked the dumpster so it could not be emptied.

Highly doubt owners can get a refund from the City for services the HOA is forbidding.

What do you all think?
SheliaH (Indiana)
Posts: 6,964
Posted:
Trash left in and around the dumpsters is ALWAYS a problem in HOA communities (years ago, some dumbass left a TOILET at the one near our clubhouse!) I live in a townhouse community where a lot of people rent out their units and so at this time of year, we tend to get a lot of mattresses because people are moving out.

The requirement about calling 311 first isn’t a bad idea, in my opinion. In my city, each neighborhood has a specific day of the month (e.g. 3rd Friday) when the city will pick up heavy trash, so it would help if the board find out if that’s true in your town, and then publish that date for your community.

While you’re at it check with the city regarding appliances. Those contain components that can be hazardous when dumped in the wrong spot. You’re also required to remove refrigerator doors because of the environmental risk and children have died when playing in them, the door closes and they can’t get out. Read this article and educate yourself and the board - https://www.dumpsters.com/disposal-guides/how-to-dispose-of-refrigerator

In my area (and probably yours as well), the city will not empty the dumpster if it’s full of inappropriate stuff and so the association or business where it’s located have to pay to have that stuff removed and carted away. It’s cost my community up to $15K a year, which is why we’ve set up two security cameras in the areas that had the most trouble. The problem still exists, but it doesn’t seem to be as bad as before, especially after we installed a camera that captures various angles so we can identify the license plates of cars and trucks that dump this shit (especially at night when people are sleeping or during the day when everyone’s at work and school.

This may explain why your board is taking these measures - if you haven't asked why, you should. You might also consider talking to your trash collector about other ways to address illegal dumping and suggest the board try some of them.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
Interesting. My observations:

-- Owners have a contract with the city. Owners pay money for a city service, and they have no choice about it. The HOA is interfering with this contract, such that owners cannot exercise their rights in this contract.

-- Owners also have a contract (meaning the covenants) with the HOA. The covenants permit reasonable rules and regulations for the common area.

-- The veterans here know that a HOA can create more restrictive rules than a city. E.g. a city's muni code says fences must be at least 3-feet tall. A HOA covenant requires 4-foot fences. Since for one, a 4.1 foot fence meets both requirements, no conflict between the city muni code and the HOA covenant exists.

-- However the distinction here is that owners have a bona fide, //pre-existing// fee for service contract with the city. Owners cannot get out of the contract with the city. Can the HOA suddenly create a new rule, concerning use of the common area, that interferes with this contract?

-- At a minimum I think this rule is not reasonable, due to the interference with owners' contracts. But this might be up for a court to decide. There are no guarantees what a court would say.

-- Unfortunately I think the correct response is for stricter rule enforcement. Video cameras? People are going to be jerks about dumpsters. This has come up at this forum before.

-- Also of course if an owner observes HOA staff putting bulk items in the dumpster, they should feel free to document this with cell phone video footage and notify the city.

-- I am not locked into a position here. Mostly I think the board should work towards //reasonable// solutions. Maybe erect a movable screen that would hide bulk items but still allow access of city workers? Dunno. Just spit-balling.
PatJ1 (North Carolina)
Posts: 568
Posted:
Quote:
Posted By SheliaH on 05/13/2024 6:59 AM
Trash left in and around the dumpsters is ALWAYS a problem in HOA communities (years ago, some dumbass left a TOILET at the one near our clubhouse!) I live in a townhouse community where a lot of people rent out their units and so at this time of year, we tend to get a lot of mattresses because people are moving out.

The requirement about calling 311 first isn’t a bad idea, in my opinion. In my city, each neighborhood has a specific day of the month (e.g. 3rd Friday) when the city will pick up heavy trash, so it would help if the board find out if that’s true in your town, and then publish that date for your community.

While you’re at it check with the city regarding appliances. Those contain components that can be hazardous when dumped in the wrong spot. You’re also required to remove refrigerator doors because of the environmental risk and children have died when playing in them, the door closes and they can’t get out. Read this article and educate yourself and the board - https://www.dumpsters.com/disposal-guides/how-to-dispose-of-refrigerator

In my area (and probably yours as well), the city will not empty the dumpster if it’s full of inappropriate stuff and so the association or business where it’s located have to pay to have that stuff removed and carted away. It’s cost my community up to $15K a year, which is why we’ve set up two security cameras in the areas that had the most trouble. The problem still exists, but it doesn’t seem to be as bad as before, especially after we installed a camera that captures various angles so we can identify the license plates of cars and trucks that dump this shit (especially at night when people are sleeping or during the day when everyone’s at work and school.

This may explain why your board is taking these measures - if you haven't asked why, you should. You might also consider talking to your trash collector about other ways to address illegal dumping and suggest the board try some of them.

The City requires they be called, not the HOA. Will not stop if not called.

The City will accept appliances, electronics, kitchen cabinets, household furniture, rolled carpet, sink and even toilets as bulk haul. They will not collect car parts and other items not classified as household goods.

The City police will not address illegal dumping which we frequently have.

Trash will always be an issue. We are condos with aging residents, many on limited incomes. We are not some upscale neighborhood although the Board would like us to look like one. Residents do not have the means and some, the finances, to haul stuff to the dump that they pay the City of provide a service for.
DeanJ
Posts: 1,786
Posted:
I agree with your HOA, except I am trying to figure out what bulk item weighing less than 75 pounds I would need to get rid off that is not furniture, appliances, or mattresses.

Usually appliances and water heaters can be listed for free on Craigslist and someone selling scrap will take them for free.

Mattresses and upholstered furniture cause issues when it rains and get soaked.

Refrigerators are a safety issue for children.
DeanJ
Posts: 1,786
Posted:
The owners do not have a contract with the city. Like about all government services, owners are taxed for a service if used or not. I am sure I could hire someone to haul off the few bulk items I have on an annual basis for a whole lot less than $120 a year. Most years I have zero.

If you have rentals in your HOA, landlords after evictions are likely pilling an entire household of junk at the dumpsters. The same issue is present for homes being cleaned out from hoarders or estates when the furniture and appliances are junk.

TerriS6 (California)
Posts: 3,284
Posted:
Owners do not have a contract with the HOA. CC&Rs are not a contract, they are enforceable equitable servitudes.
TerriS6 (California)
Posts: 3,284
Posted:
Owners do not have a contract with the HOA. CC&Rs are not a contract, they are enforceable equitable servitudes.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By PatJ1 on 05/13/2024 7:58 AM
Posted By SheliaH on 05/13/2024 6:59 AM

The City requires they be called, not the HOA. Will not stop if not called.

The City will accept appliances, electronics, kitchen cabinets, household furniture, rolled carpet, sink and even toilets as bulk haul. They will not collect car parts and other items not classified as household goods.

The City police will not address illegal dumping which we frequently have.

Trash will always be an issue. We are condos with aging residents, many on limited incomes. We are not some upscale neighborhood although the Board would like us to look like one. Residents do not have the means and some, the finances, to haul stuff to the dump that they pay the City of provide a service for.

You’re right, trash will always be an issue, but you have to find the best way to address it and there is no silver bullet. The cops have to catch people in the act before they can do anything (one reason we got the cameras).

I understand the concern about cost for the residents on fixed income (I’m heading in that direction which is why I’m trying to get rid of my big bills before I retire). However, home ownership isn’t and never has been cheap. Once upon a time, companies would automatically haul away this stuff when you bought a new item (e.g. washing machines), but now you have to pay for delivery, installation AND hauling away of the old stuff (sometimes, they’ll give it to you if you buy a $2K+ refrigerator or something else listed in House Beautiful or Dwell magazine). I found this out the hard way last December when I replaced my washer and dryer. In addition to the usual cost comparison of the machines and who sold them, I had to pay close attention to who provided what in terms of installation and all that so I could get some things combined, if possible

I would think you and your neighbors aren’t dumping heavy trash every week, so what’s the problem with calling 311 when you do have it? If the residents can’t make arrangements to get rid of this stuff themselves, you’re left with the city service. If you don’t want the entire community looking like the city dump, you do what you can as much as you can. You might not be an upscale community, but that doesn't mean you should want your community to look every which way. Doing so might discourage prospective buyers, dragging down property values - something I'm sure you and your neighbors care about a great deal.

By the way, ElleN, my property taxes also cover trash pickup, but that didn’t stop my community from nearly LOSING our service because of the illegal dumping. A few years ago the city changed the rules to where HOAs have to contract separately with the vendors who provide city trash pickup). That’s what prompted us to pay more money for the security cameras.

I don’t know if a recycling program would help Pat’s community, but it might be worth trying. I’d love it if we could get recycling – some cities add that to property taxes, but not in my city because people would (and have) howl about property tax increases. So you either pay for a separate trash cart or take your stuff to designated dumpsters in your area.

However, one of our local representatives recently noted the recycling dumpster near her office had boxes and bags of stuff left around the dumpster when it was full instead of taking them home and waiting for it to be emptied (they do that twice a week, I think). Instead, people simply leave making a mess because they’re lazy. Some of the dumpsters were in grocery store parking lots, as well as the city parks. This was convenient but because too many people don’t give a damn, they had to be moved because it cost time and money to clean up the parking lot nearly every day.

Back to you, Pat - what did the board say when you asked them what prompted the change? You did ask them, correct? If not, why not? What have you noticed in your community over, say the last 6 months? Has there been an increase in heavy trash appearing in your dumpsters? What about strange cars and trucks showing up? In my community, our cameras caught several construction companies who were dumping their shit in our dumpsters – that could another part of your problem. Residents have been told if they see people in the act, don’t confront them, but take notes (and a cell phone photo if you can do it without being seen) and notify the non-emergency number of the police as well as the city.

No, you probably won’t get a refund from the city (you’re still tossing regular trash), but you’ll likely need several approaches to reduce the heavy trash issue. Now that you know the board isn’t supposed to dump illegal stuff in the dumpsters, go to the next meeting and call them out on that. Then start asking for numbers, starting with how much the community has had to pay in getting someone to clean out the dumpsters so the rest of you can put in the trash that’s supposed to be there. It was costing us $15K a year. Could it be some residents are telling their kids/grandkids/friends/home improvement contractors “oh, you can dump that in our dumpster around the corner? Some education of the residents might be warranted. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GregoryT1
Posts: 315
Posted:
hi Pat,

I agree with the earlier responses of what is more restrictive wins. Essentially the condo could do that. The follow up items are 1) Is direct drop-off allowed in your city. 2) This new rule did it follow the rule change according to the condo docs? 3) Are they trying to solve a problem of unsightliness? We are thinking yes 4) I do know of a condo assn where they have consolidated areas for recycling and garbage and some of the areas are open air and some have ceilings but they are all open wooden slat walls to hide everything, What is your setup? The city taxes but never refunds in my limited experience.

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