This is an excerpt from a livestream, “When Owners Just Plain Say “No” and Won’t Budge”. In this short excerpt the panel discusses if an HOA can confiscate a trash can when a resident refuses to follow the rules in regard to getting it off the street with-in the HOA’s rule timeframes.
Added commentary from Sean A. O’Connor in regard could it be considered theft if an HOA removed the trash cans:
This is a legitimate question. Those rolling bins do not belong to the residents; they belong to the municipality or whatever company collects the trash. I have not researched this, but it is certainly conceivable to me that depending on the jurisdiction, there might be local ordinances making it a criminal offense to take or remove someone else’s trash bin. I reiterate the recommendation I gave on the livestream on May 15: I do not think it is advisable for an Association or its agent to take away a member’s trash bin as a response to the member violating the trash bin rules, leaving the bin out past trash day, etc. In addition to the fact that it might be against the law, taking away the trash can in my opinion would have limited effectiveness at best and could potentially cause worse problems, including the member leaving their trash at the curb without using a bin, which could attract rodents and other pests and leave a mess.
You can find the entire livestream at:
https://www.gotostage.com/channel/44207b5513cb401e8731a1bb42a2da23/recording/50b0dbc24f2042e39134602babf8b64d/watch
You can also find more livestreams at:
https://www.gotostage.com/channel/44207b5513cb401e8731a1bb42a2da23
Panel:
Sean A. O’Connor, Esq. • Clarkson McAlonis & O’Connor, P.C. • soconnor@cmolawpc.com
Valerie Giovanoli, Esq. • McCabe, Trotter & Beverly, P.C. • valerie.giovanoli@mccabetrotter.com
Dawn Becker-Durnin, CIRMS • Acrisure Insurance • dbecker-durnin@acrisure.com
Email questions to: info@ahndata.com
This video has been edited.
Answers and advice do not constitute legal or other professional advice. Consult your legal, accounting and other professionals to assess any situation before taking action.