With rapid property development throughout Colorado, wildlife sightings in residential communities are becoming more and more frequent. From raccoons to bears, these animals are often attracted to trash cans left outdoors prior to or after pick-up, which can lead to headaches for associations.
Several options exist when it comes to limiting these types of encounters, including but not limited to creating shorter windows when trash cans may be placed outside and when they must be brought in or requiring specific types of trash receptacles that are not easily opened by animals.
But how does an association go about creating such requirements? The answer depends on what the governing documents provide.
When Governing Documents Are Silent:
If your current governing documents (i.e. declaration, articles of incorporation, and bylaws) are completely silent on the issue of trash collection and does not grant authority for the association to adopt rules governing placement of trash cans in the community or regulation of the types of trash cans used, you will most likely need to propose a declaration amendment to the membership to add authority for the association to adopt rules concerning this issue.
However, before you go down the road of trying to propose an amendment to your owners, you should check with the association’s legal counsel to confirm whether an amendment is required or whether there is some “hidden” authority in your documents to regulate trash. You will also want to ensure you are aware of the owner approval requirements for declaration amendments and process for obtaining such approval.
When Governing Documents Provide Authority:
If the governing documents provide broad authority for associations to regulate trash collection, then arguably, such associations have authority to adopt rules or policies requiring the use of specific types of trash cans and establishing stringent timelines as to when trash receptacles may be placed outside.
However, there may be situations where owners are forced to use trash containers supplied by their trash contractors and would therefore be unable to comply with any rules requiring specific types of trash cans.
As with anything else, associations should always check with their legal counsel prior to adopting rules or policies to ensure they are lawful and enforceable.
Be Careful with Public Streets:
The Colorado Common Interest Ownership Act, explicitly prohibits associations from enforcing their private restrictions on public streets that may run through their communities. In other words, if the streets in your association are public rights of way, your association cannot adopt rules or enforce covenants concerning activities occurring on such streets. This means you will not be able to enforce trash restrictions on the streets.
If you have any questions or concerns concerning your options with regulating trash collection and other similar issues, please contact an Altitude attorney at 303-432-9999 or [email protected].