WASTE PICKUP

Started by TamH • 1 replies • 1102 views

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TamH (California)
Posts: 30

Posted:

This association is in Idaho: Our BOD has signed a contract and has sent emails telling us that we need to contact the waste company we are individually using, and that they will not allow them into our community after December 31, 2010. The reason is that the board has made the decision that this would help with having only one day of waste service rather than two days of waste services per week creating less wear and tear to the roads in the community by using one company only.

Would this be a board decision or a community decision?

There are some that do not live in this community year round and have their waste services only when they are here. Some have emailed the board asking if they can pay only when they are here. The email has been sent daily for 3 weeks and the board is not answering anyone. This is causing a lot of turmoil with many people.

Is this the board not doing their fiduciary duty for the community?

DanielH1 (California)
Posts: 482

Posted:

It depends on your Bylaws but it is probably a Board decision. They probably aren't required to have a full vote of the membership.

The Board is probably not legally required to respond to e-mail or any other communication. They are required to have meetings, though, and you likely have a right to attend and observe those meetings. They may not be responding because they need to agree on a response but they might also be busy or just be jerks.

Even though it may not be fair, the Board can still make people pay who do not live there some of the time. It is similar to an HOA who owns a pool: even if you don't use it, you still have to pay for it.

The situation doesn't have anything to do with fiduciary duty.

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