Amend HOA Bylaws to Allow Side of Home Placement of Trash Bins


Amend HOA Bylaws to Allow Side of Home Placement of Trash Bins
The Issue
I am a homeowner in our esteemed community, grappling with an issue that I know is shared by many others. In talking with a large number of other neighbors, I've noted that a restriction set forth by our Homeowners' Association (HOA) mandates that trash bins must not be visible from the street. This leaves us no choice but to store them in our garages or backyards, both of which are not practical solutions.
Keeping trash bins in the garage leads to unbearable odors, turning a space meant for cars and storage into a odorous space. On the other hand, relocating them to the backyard not only also drags the odor the to it, tarnishes the pleasant ambiance, but also inflicts wear and tear on the rock pathways leading to them. The rock path way were definitely not designed to withstand the weekly to and from of hefty trash bins.
It is apparent that these restrictions are impractical and detrimental to both homeowner enjoyment and property value. In contrast, allowing trash bins to be placed on the side of our homes, though visible, would provide a sensible compromise, and an unobtrusive location that does not compromise our quality of life or property's maintenance.
Homeowner associations' primary objectives are to enhance community living and protect property values (Community Associations Institute, 2021). The current bylaw neither enhances our living experience nor does it protect our property. Therefore, we, the homeowners, implore our HOA to make the following amendment to this bylaw and allow for the placement of trash bins on the sides of our homes:
Original bylaw:
"Section 9.15 Unsightly Articles; Garbage Cans; Exterior Fires:
No unsightly articles shall be permitted to remain on any Unit so as to be visible from any street within or adjacent to the Project or from any other Unit.
(a) Without limiting the generality of the foregoing, refuse, garbage, and trash shall be kept at all times in covered, sanitary containers, or enclosed areas designed for such purpose. To the fullest extent not prohibited by the Act, such containers shall be exposed to the view of neighboring Units only when set out for a reasonable period of time (not to exceed twelve (12) hours before scheduled trash collection and twelve (12) hours after scheduled trash collection hours by a trash disposal company). To the fullest extent permitted by the Act, the Association may adopt Rules governing the manner in which garbage cans or other containers for the collection of solid waste or recyclable materials may be stored and/or placed for collection on each Unit. All rubbish, trash, and garbage shall be stored in appropriate containers in accordance with the applicable Rules, shall regularly be removed from the Real Property, and shall not be allowed to accumulate."
Revised bylaw:
"Section 9.15 Unsightly Articles; Garbage Cans; Exterior Fires: No unsightly articles shall be permitted to remain on any Unit so as to be visible from any street within or adjacent to the Properties or from any other Unit, except as specifically provided herein for garbage and refuse containers.
(a) Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in covered, sanitary containers, or enclosed areas designed for such purpose. To the fullest extent not prohibited by the Act, such containers shall be stored on the side of the Unit opposite to the main entrance door, regardless of visibility from neighboring Units or streets within or adjacent to the Properties. Such containers shall only be exposed beyond their designated storage location when set out for a reasonable period of time (not to exceed twelve (12) hours before scheduled trash collection and twelve (12) hours after scheduled trash collection hours by a trash disposal company). To the fullest extent permitted by the Act, the Association may adopt Rules governing the manner in which garbage cans or other containers for the collection of solid waste or recyclable materials may be stored and/or placed for collection on each Unit. All rubbish, trash and garbage shall be stored in appropriate containers in accordance with the applicable Rules, shall regularly be removed from the Real Property, and shall not be allowed to accumulate."
Your support is instrumental in advocating for this change. Please sign this petition - our right to odor-free, well-maintained properties depend on it.
32
The Issue
I am a homeowner in our esteemed community, grappling with an issue that I know is shared by many others. In talking with a large number of other neighbors, I've noted that a restriction set forth by our Homeowners' Association (HOA) mandates that trash bins must not be visible from the street. This leaves us no choice but to store them in our garages or backyards, both of which are not practical solutions.
Keeping trash bins in the garage leads to unbearable odors, turning a space meant for cars and storage into a odorous space. On the other hand, relocating them to the backyard not only also drags the odor the to it, tarnishes the pleasant ambiance, but also inflicts wear and tear on the rock pathways leading to them. The rock path way were definitely not designed to withstand the weekly to and from of hefty trash bins.
It is apparent that these restrictions are impractical and detrimental to both homeowner enjoyment and property value. In contrast, allowing trash bins to be placed on the side of our homes, though visible, would provide a sensible compromise, and an unobtrusive location that does not compromise our quality of life or property's maintenance.
Homeowner associations' primary objectives are to enhance community living and protect property values (Community Associations Institute, 2021). The current bylaw neither enhances our living experience nor does it protect our property. Therefore, we, the homeowners, implore our HOA to make the following amendment to this bylaw and allow for the placement of trash bins on the sides of our homes:
Original bylaw:
"Section 9.15 Unsightly Articles; Garbage Cans; Exterior Fires:
No unsightly articles shall be permitted to remain on any Unit so as to be visible from any street within or adjacent to the Project or from any other Unit.
(a) Without limiting the generality of the foregoing, refuse, garbage, and trash shall be kept at all times in covered, sanitary containers, or enclosed areas designed for such purpose. To the fullest extent not prohibited by the Act, such containers shall be exposed to the view of neighboring Units only when set out for a reasonable period of time (not to exceed twelve (12) hours before scheduled trash collection and twelve (12) hours after scheduled trash collection hours by a trash disposal company). To the fullest extent permitted by the Act, the Association may adopt Rules governing the manner in which garbage cans or other containers for the collection of solid waste or recyclable materials may be stored and/or placed for collection on each Unit. All rubbish, trash, and garbage shall be stored in appropriate containers in accordance with the applicable Rules, shall regularly be removed from the Real Property, and shall not be allowed to accumulate."
Revised bylaw:
"Section 9.15 Unsightly Articles; Garbage Cans; Exterior Fires: No unsightly articles shall be permitted to remain on any Unit so as to be visible from any street within or adjacent to the Properties or from any other Unit, except as specifically provided herein for garbage and refuse containers.
(a) Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in covered, sanitary containers, or enclosed areas designed for such purpose. To the fullest extent not prohibited by the Act, such containers shall be stored on the side of the Unit opposite to the main entrance door, regardless of visibility from neighboring Units or streets within or adjacent to the Properties. Such containers shall only be exposed beyond their designated storage location when set out for a reasonable period of time (not to exceed twelve (12) hours before scheduled trash collection and twelve (12) hours after scheduled trash collection hours by a trash disposal company). To the fullest extent permitted by the Act, the Association may adopt Rules governing the manner in which garbage cans or other containers for the collection of solid waste or recyclable materials may be stored and/or placed for collection on each Unit. All rubbish, trash and garbage shall be stored in appropriate containers in accordance with the applicable Rules, shall regularly be removed from the Real Property, and shall not be allowed to accumulate."
Your support is instrumental in advocating for this change. Please sign this petition - our right to odor-free, well-maintained properties depend on it.
32
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Petition created on January 23, 2025