exempted

The problem is that when the "exemption" was granted for these folks, the Board did not give them alternative guidelines, just as mandatory as the CCR it exempted.

Unless the Board passes a Rule and Regulation covering just where these garbage cans should be stored, the man has done nothing wrong.

PR,

I, as well as other posters, will be able to further assist you, once additional information can be provided. How and why are these 42 single family homes exempted from storing their garbage cans out of sight? Why did your ARC guidelines exempt them of such covenant? What was provided to the homeowners (42) that allowed them NOT to abide by the covenants? That doesn’t make any sense what so ever, to me!

Please post the exact wording that gives some, the opportunity to store their garbage can in front of their garage, while others MUST comply with the original covenants?

In our association, we have a similar situation. Although, not nearly as many as you have noted. We are a community of 275 (single family homes) and all BUT about 20, MUST abide by that very covenant. Their garbage can be observed (corner lots, cul-de-sac lots, or from the hill of an adjacent street) are required to store their garbage can behind the rear of the house. Due to the location of their lot, observation of such violation can be seen from adjacent streets, regardless of where (on the lot) the homeowner put the garbage can, besides in their garage (which I personally wouldn’t recommend). Even though, that would be an option for those who don’t mind the smell. However, I wouldn’t enforce such a thing on ALL homeowners. We excluded or “exempted” these particular homeowners from the “out of sight” restriction, too having the garbage can stored in the back yard. So that potential buyers, casually driving though our community wouldn’t see the can from the front of the home, which could diminish property values, for the entire community!

To my knowledge you CAN/SHOULD enforce the governing documents, which were provided to every lot owner, regardless of how long it hasn’t been enforced. Unless, such provision can be provided to the board, some written rule, which has “exempted” these homeowners from that particular covenant. ALL COVENANTS MUST BE FAIRLY ENFORCED!

After, you have provided additional information, for all of us to read. I’m certain you will receive the advice you are seeking.

Best of luck.

Chuck W