Please explain this to me.
My HOA is fining homeowners for leaving their trash and recycle containers visible (not behind their fences) on any day except for the regularly scheduled pick up day. They wrongly issued me a couple of citations which they subsequently withdrew, but it got me interested in the process.
First, the property mgmt co said they relied on a rule that said: no garbage or trash containers or receptacles shall be maintained in an exposed or unsightly manner on any lot. They admitted that there was no such rule against recycle containers. When I looked for the mechanism to enforce that rule, I found that the enforcement document wasn't applicable to the document containing the rule prohibiting visible trash containers.
When I brought the problem to the attention of the HOA Board, they accused me of just not wanting to abide by the rules. I explained that it was just the opposite, that enforceable rules regarding trash and recycle containers didn't exist, they directed me to this rule: refuse piles and other unsightly objects or materials shall not be allowed to be placed or to remain upon any property within the community. I can't imagine how the trash and recycle containers supplied by the contracted waste mgmt co could be considered "unsightly objects" but even if they could, this rule prohibits them from being in the communuty at all even though they are issued to us under contract with yhe HOA for disposal of trash and recycle.
There is no doubt in my mind that the HOA's position is untenable. They are fining people under rules that don't exist, and they may be doing so under other such non-existent rules also. At the Board meeting, the HOA President said that the Board represented the HOA so they could do whatever they wanted, with or without rules. What puzzles me even more is that while this seems like a huge issue to me, few if any other homeowners even seem interested in the issue. This is one of those times when I ask myself why I even bother doing the right thing.
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7 comments
Feel free to reply to any comment by clicking the "Reply" button.On the one hand I'm tempted to take out the trash on that HOA.
But I'd backpedal on my recycling because statutory interpretation includes the letter of the law and the spirit or intent of legislation.
Binalong time.
waitingforgodo
Level 8
Aug 4, 2022
1
Why do you live in a place with a HOA? Isn't a regular neighborhood good enough?
BitFlipper
Level 8
Aug 4, 2022
0
Why would you think it appropriate to criticize someone you don't know over where they live?
My trash cans are on the side of the road all the time, there is a cement pad next to the street and they go there. People from the neighborhood use them if their get full, and some of the homeless come by to get the bottles I put on the side of the road. I looks unsightly, but my legs are shot and if I put them anywhere else they will get full and then just sit there. No HOA here and as Lauren says they suck, owned a condo where there was one and eventually we just sold to get out.
dalefvictor
Level 8
Aug 4, 2022
1
I could not care less what my neighbors do with their trash or recycle bins, or really much of anything else. I like to mind my own business. And yes, never heard of anyone who actually liked having an. HOA. Wish I could move. Thanks for your input.
I understand you have frustration with the HOA and how they abuse their power. But you know the saying, "Never Wrestle with a Pig. You Both Get Dirty and the Pig Likes It." Is this the best use of your time? If you don't like the rules, mark them up, submit it to them and let it go at that. What can you possibly gain by tilting at this windmill? Consider some other activity that is creative or ennobling to yourself and others. Don't let these morons manipulate you. They like creating drama. Don't oblige them.
racocn8
Level 9
Aug 4, 2022
2
I am worried about what other non-existent rules they might be enforcing. Most of the other residents will not have the background to tackle this. I believe the HOA has stopped hassling me because they know I don't comply. I am taking this one step at a time, I'm not sure how far it will go. As always, there is much wisdom in your words and I appreciate your advice.
yep, it is like trying to win a game against the game master who keeps changing the rules to benefit themself
We don't have an HOA thank dog. I can see how people could object to sometimes smelly garbage on the street where people could sometimes walk. But if it's not in the way, why should they go after recycle stuff.
I remember Mrs. Drysdale going after the Clampetts too. This makes about as much sense.
RichCC
Level 8
Aug 4, 2022
2
I would be fine with an enforeable rule about how long we can have our trash and recycle containers out, but there has to be such a rule in order for it to be enforced so that homeowners know what is expected of them. Thanks for your input.
Another power hungry HOA. Sorry you have to go through this, especially without neighborly support.
Organist1
Level 8
Aug 4, 2022
3
Almost all of the talking at the Board meeting was done by the President. She is in for a rude awakening. Thanks for your support.
I have never met an HOA that I liked, and dealing with my mother's recently reminded me of why. They're little dictatorships that allow small-minded people flex their power and personal tastes through complex and irrational "laws" and - in your case - they can do whatever they want even without laws.
We once had a similar thing happen with our City rules when they required trash and recycling bins to be at the curb by 7am. I'm nocturnal (as apparently were a lot of other people) and would place the bins out the night before, which was against their "only on the day of pick-up" rule. Ultimately they caved. Perhaps there are enough people who agree with you that the HOA will back down on this?
Lauren
Level 8
Aug 4, 2022
4
I have a number of ideas in mind about how to resolve this, may end if in Court. It doesn't seem to bother anyone else, but it bugs the hell out of me. Thanks for your input.
@LovinLarge I know court is tedious and long, but good for you - go for it! Wishing you success.
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