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Subject: Homeowners moved and left lots of trash out
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Author Messages
AnnaJ1
(Maryland)

Posts:81


10/15/2021 12:59 PM  
Our community is about 300 single-family homes. We select & pay for our own trash provider. Owners have a pending contract but have already moved. They left all of their move-out trash in front of their home. Bulk trash--an old dresser, debris, a tire, etc. Their trash company isn't picking up their trash. I assume they didn't pay because they don't live there anymore. The management company sent them a violation letter, but the standard time members get to resolve violations is 30 days. Of course its not feasible to let trash sit for potentially weeks. I doubt the owners will be motivated to remove trash from a home they've moved away from. We want to remove the trash, but also be compliant. Any suggestions?
HenryS6
(Arizona)

Posts:111


10/15/2021 1:11 PM  
Remove the trash and then add it to the homeowner's account. The amount due will show up on the payoff summary and then they'll pay the cost at closing.

PatJ1
(North Carolina)

Posts:290


10/15/2021 1:13 PM  
I agree with Henry. Since they haven't closed yet you have a good chance of collecting. It never hurts to take pictures.

Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
JohnC46
(South Carolina)

Posts:11659


10/15/2021 1:13 PM  
Posted By AnnaJ1 on 10/15/2021 12:59 PM
Our community is about 300 single-family homes. We select & pay for our own trash provider. Owners have a pending contract but have already moved. They left all of their move-out trash in front of their home. Bulk trash--an old dresser, debris, a tire, etc. Their trash company isn't picking up their trash. I assume they didn't pay because they don't live there anymore. The management company sent them a violation letter, but the standard time members get to resolve violations is 30 days. Of course its not feasible to let trash sit for potentially weeks. I doubt the owners will be motivated to remove trash from a home they've moved away from. We want to remove the trash, but also be compliant. Any suggestions?



I would give the owner days to remove the trash (weekends count) or the association will have it removed and bill the owner. Forget the 30 day thing.,
AnnaJ1
(Maryland)

Posts:81


10/15/2021 1:14 PM  
Posted By HenryS6 on 10/15/2021 1:11 PM
Remove the trash and then add it to the homeowner's account. The amount due will show up on the payoff summary and then they'll pay the cost at closing.




Thanks Henry. We can do this, but then we aren't giving them the amount of time that they are supposed to have to remedy the issue themselves. Are you saying just do it & let the chips fall where they may? I just don't want to expose the association to any legal issues.
HenryS6
(Arizona)

Posts:111


10/15/2021 1:26 PM  
Posted By AnnaJ1 on 10/15/2021 1:14 PM
Posted By HenryS6 on 10/15/2021 1:11 PM
Remove the trash and then add it to the homeowner's account. The amount due will show up on the payoff summary and then they'll pay the cost at closing.




Thanks Henry. We can do this, but then we aren't giving them the amount of time that they are supposed to have to remedy the issue themselves. Are you saying just do it & let the chips fall where they may? I just don't want to expose the association to any legal issues.




Yes, that is what I am saying. I suppose they could get an attorney and then try to dispute the amount added to their account, but that will delay closing which they won't want to do. If really mad, I suppose they could close on the house and then try to dispute with you after the fact, but I doubt that would happen.
KerryL1
(California)

Posts:8720


10/15/2021 3:37 PM  
Anna, when you write "standard time," is 30 days, does that mean that the 30 days is published in your HOA's documents?? Or just that "it's always been that way?"
MaxB4
(California)

Posts:1594


10/15/2021 3:42 PM  
All trash companies I have dealt with have a bulk pickup service. It is possible that the owner, before moving out, called them. I would just call the bulk pickup department and have it taken care of.
LetA
(Nevada)

Posts:1462


10/15/2021 4:18 PM  
Having trash around is a breeding ground for more trash and rodents. That could lead to innocent homeowners having a rodent infestation. The more time you waste with pretty please letters the longer and more uglier the trash pile becomes. There could be a whole host of issues at this property like the bank foreclosing on the property. Who knows how long that ownership mess will last.

The best solution is to hire a junk removal company to have the junk removed. Remember, first send the owner of record a violation letter. Find out who the owner is though the county clerks office. You may need to go to the post office to see if they filed a change of address, but you need to send them notice. I would send the letter via certified mail with return receipt. Give them five days to clean up the garbage.
I would even be a cockier jerk and send a complaint to your county code enforcement. They have deeper pockets and more resources and may be able to get the ball moving faster than you can.
TimB4
(Tennessee)

Posts:17841


10/15/2021 5:51 PM  
Contact their realtor, they will likely assist to address the issue.
MelissaP1
(Alabama)

Posts:10584


10/16/2021 12:52 AM  
The rules are the rules and the law is the law. The timeline is the timeline. If it's 30 days it is 30 days. Find out what your City or County bulk trash pick is. Maybe the owners thought that the trash is picked up on a certain schedule.

I've recently moved myself. We have a bulk trash pick up for like furniture with the city once a month. It is once a week for other bulk like items like tree limbs or smaller items. It is regular trash pick up once a week.

So if it is a 2 or 30 day wait then that is what it is whether you like it or not. However, the HOA can always pay and see if the owner will pay the bill. Have a short period f time to do this. As it qualifies for a lien if left unpaid. Usually that period of time is 30 days prior to filing a lien.

Former HOA President
AugustinD


Posts:1905


10/16/2021 5:00 AM  
In addition to the other suggestions:

I suggest the Board have the HOA manager contact the title company and formally inform the title company that there is an outstanding violation that must be cleared prior to sale.

If Maryland requires a HOA disclosure statement, then the outstanding violation should be listed there, too.
MaxB4
(California)

Posts:1594


10/16/2021 10:22 AM  
What was the violation?
LetA
(Nevada)

Posts:1462


10/16/2021 12:58 PM  
Posted By AugustinD on 10/16/2021 5:00 AM
In addition to the other suggestions:

I suggest the Board have the HOA manager contact the title company and formally inform the title company that there is an outstanding violation that must be cleared prior to sale.

If Maryland requires a HOA disclosure statement, then the outstanding violation should be listed there, too.





How do you know which title company to use?
TimB4
(Tennessee)

Posts:17841


10/16/2021 2:01 PM  
typically the closing company contacts the Association to find out what the assessments are and what the balance is.
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Forums > Homeowner Association > HOA Discussions > Homeowners moved and left lots of trash out



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