Littering: Cigarette Butts

Hello, I'm on the Board of my Association and have a sticky situation. It is an urban condo building -- one building with a courtyard which everyone's balconies face. Littered on the ground by 3 of the balconies are dozens of cigarette butts (only recently noticed because the snow finally melted). We strongly suspect (but have no proof) we know which of the three units is responsible -- one is a problem owner who we've had some other problems with (allowing her dog to do its business in the courtyard, and not picking up, etc.) One of the other three is a non-smoker, and the other owner swears up and down that the littering is not her doing, and we're inclined to believe her.

I'm wondering if, without proof -- except through excluding other possible sources -- we could justifiably assess a fine to the offending unit, as per our rules & regulations. Any other thoughts on how to approach this situation are welcome (note that no discussions/letters have worked in the past regarding other issuesn-- as I said, we regularly experience problems with this owner.)

Geoff,

Perhaps it isn't any of the three unit owners! Perhaps a group of teens are loitering there in the evening and dropping their butts. Without proof of who the offender is you cannot take any action. Have the landscaper pick up the butts and don't waste any more time trying to second guess who the culprit might be. Just like dog doo, if you don't see who's dog did it you can't just fine every dog owner!

Geoff,

Even so, you must have proof. You cannot issue violation notices without absolute proof of who the violator is. If it's that important of an issue, perhaps you can get a crew together to stake out the area at night. We did that in my former assn when the homes and vehicles were being bombarded by eggs late at night. A group of 4 men stationed themselves in the bushes at the park near the front entrance and several other men were set up in a dark area near the back entrance to the s/d. About 2 am a young girl came jogging down the street. As she went by the park she spied one of the guys in the bushes and screamed. My husband came into the light and said to her, "Don't be afraid, we won't hurt you." At this, she screamed again and took off running straight to the area where the other men were. By this time they were in the street because they heard the commotion. When she saw them she screamed again and ran out the back entrance. They didn't catch any eggers that night but they scared the dickens out of the poor young girl. I doubt she went jogging at 2 a.m. any more, at least not through our s/d!!

GeoffT2: I would suggest the Board issue a notice ("Notice Against Littering")
to all Association residents stating that the Board will begin to "assess a fine to the offending unit, as per our rules & regulations". Include the
text from your docs which they are violating (don't know what text would refer to cigarette littering, but there might be something about maintaining the integrity of the community...). Treat the situation as it pertains to ALL members of the Association complying to the document restrictions. Further, if you can get anyone 'caught in the act', a photograph is always proof which cannot be denied.

That statement is not true. Get off your soapbox!