Every community has its own HOA trash can rules. Board members must make sure that these rules are properly enacted and enforced. Failure to do so can not only render the rules void but also call the board’s credibility into question. These rules serve an important purpose, so it is paramount to ensure they are followed.
What are HOA Trash Can Rules?
Homeowners associations are known for enforcing strict rules regarding property use and owner behavior. These rules aim to maintain curb appeal and preserve property values. Yet, owners often object to these rules, as some deem them too restrictive.
One of the most contested rules concerns garbage collection. In a planned community, garbage collection services are either provided by the HOA or the local government. Even in the case of the latter, many associations impose rules concerning bin placement, timing, and storage.
Typical HOA Garbage Can Rules
Rules can vary from one association to another. They ultimately depend on the community’s setup and needs, as well as what’s written in the governing documents. That said, here are the most common trash can rules in HOA communities.
1. Placement
Most associations require owners to place trash cans out of public view. Owners must either put them in the garage, behind a fence, or hide them behind landscaping or a screen enclosure.
Meanwhile, other communities specifically prohibit bins that are visible from the street. The goal is usually to maintain neighborhood appearance and curb appeal.
2. Timing
On collection days, owners must place their trash cans at the curbside, but only for a limited time. Many HOAs prohibit owners from placing their bins outside until the evening before pickup. They must also be returned the same day or removed within 12 to 24 hours after collection.
3. No Overflowing
Associations often prohibit overflowing trash. This means owners can’t pile trash outside containers or place open garbage bags at the curbside. They also can’t have any loose debris around the bins or leave lids open. These rules are usually tied to sanitation and pest prevention.
4. Specified Containers
Some HOAs require owners to use only approved containers. These include city-issued containers, uniform bin colors, specific container sizes, and covered receptacles. This is more common in master-planned or upscale communities.
5. Storage
Owners typically can’t permanently store their trash cans on the street or at the curbside. They also may not be able to store them in driveways or front yards. Associations often require owners to keep these bins out of sight, whether inside the house or in the garage, even when empty.
6. Screening Requirements
Some associations require screening structures or landscaping to obscure the view. Examples include privacy fencing, lattice panels, shrubbery, and decorative enclosures. Some HOAs even require architectural approval before installing a trash enclosure.
7. Recycling Rules
It is also common for an HOA to regulate recycling bins. Rules usually address placement timing, bin visibility, storage, and overflow as well. In communities with mandatory recycling programs, the HOA may mirror city requirements.
8. Bulk Trash Restrictions
Every now and then, homeowners may need to dispose of bulky items. These include mattresses, furniture, appliances, and construction debris.
Many associations also regulate the disposal of these items. An HOA may require the owner to provide advance notice or stick to certain pickup days. Owners may also only temporarily place these items in specific areas. They can’t be stored at the curb for extended periods. Again, the goal is to preserve appeal and property values.
9. Cleanliness Requirements
Some HOAs require owners to maintain their containers in a sanitary condition. They should not smell or have any damage. Moreover, owners must ensure their containers are properly sealed. This helps reduce pests and unpleasant odors.
10. Shared Dumpster Rules
In condominiums or townhome communities with common dumpsters, rules often address:
- Dumpster hours
- Breaking down cardboard
- No dumping furniture
- Proper bagging of trash
- No hazardous materials
Can an HOA Force You to Keep Garbage Cans in the Garage?
Yes, an HOA can generally require owners to store their trash cans inside their garages. The objective is to maintain curb appeal, and an HOA can’t do that if trash cans are placed just anywhere. They can be an eyesore, especially when they are overflowing or unsealed.
That said, this rule must appear in the governing documents, such as the CC&Rs, bylaws, or operating rules. Board members can’t just arbitrarily decide that owners must keep their bins in their garages.
Associations are not the only entities with trash restrictions. Even in Virginia, localities often have rules requiring residents to dispose of trash in a specific manner.
How to Enforce HOA Trash Can Rules
To ensure consistent enforcement, association boards should perform routine inspections. Since rules often involve visibility, board members or the manager can conduct a visual examination of the neighborhood, even from the street. If there are violations, it is important to document them.
Many associations adopt a two-step system when it comes to enforcement. The HOA sends a courtesy notice first, giving the owner a chance to remedy the violation. If the violation continues, a formal written notice then follows, along with an opportunity to be heard. Only after this can the association levy penalties, such as fines or a suspension of privileges.
Boards must always practice fair and uniform enforcement. Treating owners with bias can expose the association to legal problems. It is essential to enforce the rules equally among all owners.
The Importance of HOA Trash Rules
They may seem restrictive, but trash rules do serve an essential purpose. Compliance requires additional effort from homeowners, but they ultimately benefit from the rules.
1. Improves Curb Appeal
Associations that enforce HOA trash can rules often experience an improvement in curb appeal. Trash bins are unsightly, especially when they are poorly maintained and placed. When people see overflowing bins and smell foul odors from the street, they can form a bad impression. This is particularly disadvantageous for associations that want to attract new buyers.
2. Reduces Odors
When owners leave trash outside for extended periods, a foul-smelling odor can begin to emanate from the bin. Before long, this odor can travel between homes, across roads, and throughout the entire neighborhood. They might seem restrictive, but trash rules are a big help in limiting odors.
3. Prevents Pests and Rodents
Rodents, bugs, and other critters are attracted to garbage. Stray animals rummage through unattended or unsealed bins. Without HOA trash can rules, the community is more likely to have a pest problem.
4. Prevents Health and Safety Problems
Rotting garbage can bring health issues to the community. Not only are they foul-smelling, but they can harbor harmful pathogens that cause diseases. Beyond that, the pests that trash brings to the neighborhood can carry and spread bacteria. With trash rules, the association can help maintain a clean and healthy environment for everyone.
5. Maintains Property Values
The preventive results of trash rules can protect property values. These rules enhance curb appeal, minimize foul odors, keep pests away, and maintain a healthy environment. All of these combined make the neighborhood more attractive to buyers.
Parting Words
Given the importance of HOA trash can rules, boards must take great care to ensure proper and consistent enforcement. When boards let violations slide or treat owners unequally, rules can become void. Worse yet, the association may find itself exposed to liability risks.
National Realty Partners is a leading provider of HOA management services in Virginia. We can help your board manage and enforce the rules. Call us today at 703-435-3800 or request a proposal online!
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