Tips from the Trash Police

Contrary to popular belief, trashcans are not yard art!

Most managers and board members have experienced the age-old problem of dealing with the common deed restrictions relating to trash and trashcans. Almost every set of governing documents that I have dealt with over the years contains provisions that address refuse and refuse containers, particularly storage of the containers used to hold refuse. Your governing documents likely require that containers used for storage of refuse must be stored so as not to be visible from the neighboring properties, common areas or streets within the community. Although such a provision sounds simple on paper, those who have attempted enforcement know first hand that it is not a simple task.

The issues surrounding enforcement of trashcan violations run the gamut from the one-time violators to the “dig-their-heals-never-going-to-hide-it-no-matter-what” violators, the latter being the most troublesome. As a long term member of the Community Association Trashcan Police Force, I have heard some amazing stories from homeowners responding to trashcan violation citations that they received from me. Some of my personal favorites include:

My trashcan is too large and too stinky to keep in my garage and it is too far to walk to the backyard to put my trash in the container.
If I keep my trashcan in the backyard, my dog turns it over and scatters the trash everywhere.
I work late and when I get home I am too tired to put my trashcan away.
It’s my kid’s job to put the trashcan away and I am teaching him a lesson on responsibility.
It is not my trashcan; it is my neighbors.
I was on vacation and I cannot believe that you sent me a notice because I have never left my trashcan out beyond the collection day.
I keep my trashcan on the driveway but it is hidden by my cars when I am at home.
When everyone else in the neighborhood keeps their trashcans out of view, I will do the same.

Most homeowners are eventually cajoled into compliance before the violation reaches the need for additional enforcement efforts such as fines and possible legal action. Herein lies the next dilemma, which is to what extent the manager and the board of directors should enforce the trashcan restrictions. The following questions often arise:

Should the board spend association funds to judicially enforce trashcan violations? After all, it seems petty and would be just as expensive as a lawsuit to enforce a far more serious violation such as an unauthorized garage enclosure. But, the Association has the obligation to enforce all of the deed restrictions uniformly.
Why should the Association continually send letters to violators without following through on further action to enforce?
Should the board turn a blind eye and just not enforce the provision?
Sure we can fine violators, but how do we force the violators to pay fines? Would we not face the same judicial requirements?

Needless to say, these questions raise difficult problems for those charged with the responsibility of enforcing a seemingly simple restriction; however, all is not lost. Through brain-storming with board members, other managers and homeowners over the years, I have developed some tried-and-true alternative solutions that you may find helpful in promoting voluntary compliance of trashcan restrictions.

Ask the Architectural Committee to develop specifications for trashcan screens that owners may construct on their property. Some ideas include a small masonry wall that matches the home’s masonry, a small picket fence attached in a “L” configuration and attached to the side of the home or a trellis covered with an evergreen vine.
Allow homeowners to install a path along the gated side of their home so that trashcans are easily rolled to and from a fenced backyard.
If your association has the option of private trash collection, consider converting to association-wide collection contract that includes twice weekly collection. This will allow owners to utilize smaller containers that will easily fit into garages and will not develop odors during warmer weather.
When you see a trashcan in public view, note it on your violations log, but do not send a letter. If you see the violation on your next inspection, send a friendly reminder.
Adopt rules regarding trashcan violations that include a provision for entering the property and moving the container(s) out of public view. Make sure to include that the fee would be assessed to the owner.
Be consistent and non-selective when enforcing.
Include tips and reminders in communications to homeowners such as encouraging them to ask a neighbor to bring in their trashcan if they are going to be on vacation, etc.

Though it seems to some like a small issue, how you handle the refuse rules may well dictate your future relationship with homeowners and. . . as the saying goes. . . today’s upset homeowner is tomorrow’s new board member!

Sherrill Schafer, PCAM®
President
Community Management Concepts, Inc.
Jacksonville, FL