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Subject: garbage day

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JeffT
(Maryland)

Posts:67

08/28/2008 12:16 PM
How do you stop people from putting out garbage days before garbage day or for putting out the wrong garbage(trash,recyclables,yard) and the trashmen do not take it so it sits there all week.

MaryA1

Posts:0

08/28/2008 12:19 PM
Posted By JeffT on 08/28/2008 12:16 PM How do you stop people from putting out garbage days before garbage day or for putting out the wrong garbage(trash,recyclables,yard) and the trashmen do not take it so it sits there all week. If your assn has a trash can rule it should be enforced. Our rule is that cans can only be placed out on the day of p/u. Also, our city has an ordinance which states when cans be placed on the curb and when they must be removed from the curb.

GeraldT4

Posts:1022

08/29/2008 6:56 AM
JeffT - There's really no way to stop owners from doing stupid things. But your association can develop a fine system that will stick, and cost them if not adhered to. This requires documentation with time, place, date of the violation and consistent letters for opportunity to correct, and action that will be taken if not corrected. : )

DonnaS
(Tennessee)

Posts:5671

08/29/2008 7:37 AM
Jeff, Your Board needs to adopt a statement with day, time and removal restrictions into your Rules and Regulations concerning garbage policies. This is a Board action and requires no voting from the membership. Hopefully you have the ability to fine when the rules are broken. Garbage is also a health issue if it gets broken open and allows critters to start to invade because of the free meals at curbside.

KirkW1
(Texas)

Posts:1665

08/29/2008 3:29 PM
I would encourage you to also contact your local code enforcement officer. While it may be that there is no local ordinance, chances are there is. In my view, it is best if you can work with your local code enforcement on such problems.

GeorgerwilliamsW
(Indiana)

Posts:975

08/30/2008 2:54 AM
One of the problems with rules such as these, is that by the time enforcement notifications can be delivered, the issue is mute. There is almost nothing an association can do to enforce these types of rules against a habitual offender without resort to some sort of system of fines. Without fines, the best an association can do is resort to moral suasion. It is not an infraction that would make sense to take to court.

DwightT
(Idaho)

Posts:653

08/30/2008 8:27 AM
Posted By GeorgerwilliamsW on 08/30/2008 2:54 AM One of the problems with rules such as these, is that by the time enforcement notifications can be delivered, the issue is mute. Ok, picking nits here, but the word is moot, not mute. Just one of those little things that jumps out and bugs me from time to time. But otherwise I agree with George on this one. We don't have the ability to issue fines, but this is not one of those things that we would want to go to court about. Thankfully most people respond after the first Reminder letter, or their neighbors shame them into putting their trash cans away.

GeorgerwilliamsW
(Indiana)

Posts:975

08/30/2008 9:53 AM
Dwight, you are absolutely correct! Stuff like that bugs me, too. Sorry about that error. Just wasn't thinkin' this morning. Waitin' for the coffee to cook. I know better.

StanM
(Florida)

Posts:34

08/30/2008 10:17 AM
Jeff, Others are right when they say you have to have the right to issue fines but then you have to be able to collect the fines and courts just won't hear these kinds of cases. You might just steal the trash cans and force the offender to call and ask for another. Then after the new can arrives, put the old one back. Just play silly little games with them until they get the message and comply like most folks do.

MaryA1

Posts:0

08/30/2008 1:00 PM
What's all the talk about issuing fines and having to go to court? You don't have to go to court unless the h/o refuses to pay the fine. Both my former and my current assn issue fine; in the majority of instances (all instances in my former assn) the h/o paid up and that was the end of it! These people know when they are doing something wrong. The only ones who complain are the ones who have a legitimate beef (the board erred -- this is a small minority of cases) and the ones who just want to buck the system. These are the people who shouldn't even be living in an HOA! Frankly, I feel sorry for those assn's that do not have the authority to fine. IMO, imposing a fine is the same as weilding some form of punishment on a misbehavin' child! If you don't punish them they are going to continue to do it! There have to be consequences to their actions.

TamaraW
(Ohio)

Posts:193

09/02/2008 1:11 PM
Posted By KirkW1 on 08/29/2008 3:29 PM I would encourage you to also contact your local code enforcement officer. While it may be that there is no local ordinance, chances are there is. In my view, it is best if you can work with your local code enforcement on such problems. I agree with this and is quicker way of dealing with the problem. We also have the means to correct violations at the homeowners expense. We had a huge trash problem with two rented houses this summer...........smell of death! Nasty maggots, no cooperation from the homeowners who rent their places out. Sent violations, made contact with them.....all to no ado. Finally the Board hired a private contractor to come out and pick up the trash and those expenses were charged back to the homeowner. Then the homeowners listened and were more cautious of leaving their trash out in the open for everyone to enjoy! I would check your decs and bylaws to see if they allow you to do this and call the city as well.

StevenW3
(Oklahoma)

Posts:64

09/02/2008 1:36 PM
If you have a code enforcement division in your city, take a picture of the offending home and email it directly to them if possible...works wonders when they have photos of the offense to use. If you have a date/time stamp on your camera leave it on.

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