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HOA Reminder – Trash Cans

Today is trash day and in light of the fact that there were an estimated 31 accounts last month with trash issues I thought it might be helpful to remind folks of the deed restriction that applies here.

First off, many of you might not be aware of the location of the currently recorded copy of the Deed Restrictions from 2003. If you go to the Miramar Lake website of http://www.miramarlake.info followed by selecting the Document link and then Legal Documents you will find a link of “A PDF copy of the Deed Restrictions, as amended and filed on 04/21/2003 can be found here.”. If you click the word here your computer will then be prompted to either download or open a PDF copy of the Deed Restrictions.

Next, if you scroll down to page 31, it will provide you with the following text from Article IX (“Use Restrictions”) Section 19 (“Restrictions on Garbage and Trash”).

“No refuse, garbage, trash, lumber, grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any kind shall be kept, stored, or allowed to accumulate on any portion of the Property except within an enclosed container of a type, size, and style approved by the Board and appropriately screened from view, except that any such container may be placed in a designated area for garbage or trash pickup no earlier than six o’clock p.m. on the day preceding trash pickup of such garbage and trash and shall be returned to an enclosed structure or an area appropriately screened from view no later than midnight of the day of pickup of such garbage or trash.”

With all of that being said, and as I have said before, I know that life happens as well as honest mistakes thus I would never personally single handedly go after someone for such rare occurrences. As an Officer of the HOA however, I am required by law to ensure that the Deed Restrictions are enforced across the neighborhood in a manner which is fair, honest, and without discrimination of any kind. So to achieve those requirements I continue to support the need for our HOA to have a management company that is charged and trusted to carry out the enforcement of the Deed Restrictions. Some of you might point out that the management company makes mistakes and of course I must agree. However, do we not all make mistakes? When a difference of opinion or mistake occurs with regard to the management company it then becomes an escalation item for review by myself and the rest of the Board of Directors. If the Board finds in favor of the Property Owner then the management company will of course have to fix the issue. However, if the Board finds that the Property Owner is incorrect then the Property Owner will have to make resolution.

I appreciate your time and hope that I have shared some information that has been informative to everyone in a manner that has been respectful and fair.