The HOA’s goal is always to help residents remain in compliance with The Covenants, Conditions, and Restrictions (CCR). Although the HOA has a legal obligation to enforce the CCR, the Board of Directors wants to avoid fining as much as possible. Part of helping you avoid fines is to educate you on parts of the CCR you may not know or understand.
Did you know that the CCR addresses trash and trash receptacles?
Article IX, Section 6
No Lot shall be used or maintained as a dumping ground for rubbish. All trash and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. Trash, garbage or other waste shall be kept in sanitary, covered containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. In no event shall such equipment and/or containers be visible from the Common Area streets, from neighboring Property, or within property contained in the Plat, except for a reasonable time immediately prior to and after scheduled trash collection, and in all events in compliance with Manatee County Code.
Breaking it Down:
Is it OK to keep my trash cans on the side of my house?
No. Trash cans and anything that holds trash must be out of sight. Keeping them on the side of your home, next to your garage door, or any place where they are visible to the public is not permitted.
Can I keep them in my backyard?
If it’s not visible, it doesn’t omit an odor, doesn’t attract rodents, and is covered using clean receptacles, yes.
What about trash pickup days?
Receptacles should be removed from sight by the end of the day. There are many rodents roaming our community overnight. If you will place your trash out for pick up the night before, it must be covered so that rodents can’t knock it over and open the bags.
How long can trash be kept on my property?
Trash should be disposed of at the next scheduled trash pickup day. Construction waste, large items, and e-scrap have different requirements under Manatee County Ordinances. Contact the county to dispose of these items properly. There is no mention in Article IX, Section 6 of different rules for different types of trash. This includes yard waste.
What about trash at the amenity center and other common areas?
Residents are reminded that keeping Del Tierra beautiful is everybody’s responsibility. The HOA encourages everybody to pick up trash when they see it while keeping in mind personal protection. A portion of your dues goes toward keeping common areas clean.
What is the fine for violations of Article IX, Section 6?
According to the CCR, the fine is $100 per day up to $1,000 for the first offense. Further offenses are $100 per day with no maximum. The HOA will give residents every opportunity to correct the issue before imposing a fine.
My neighbor has trash cans outside. How do I report it?
First, we encourage you to be neighborly and discuss with them. If that doesn’t work, go to the Contact Us page and complete the form. The HOA will not contact you regarding what was done to investigate. Enforcement actions are kept private.
What will the HOA do when I report it?
The HOA will contact the person and ask them to place trash cans in their garage or a place compliant with the rule. Remember, the goal is not to fine. If you are contacted by the HOA, do not ignore the notice. If the HOA can’t reach you, they have no choice but to fine.