PROPOSAL TO AMEND THE ASSOCIATION BYLAWS OF VINTAGE ESTATES HOMEOWNERS ASSOCIATION REGARDING ESTABLISHMENT OF SINGLE TRASH HAULER
BACKGROUND:
The members of the Association have expressed an interest in regulating private trash collection in the Vintage Estates Subdivision and the Common Areas. Members have complained that the operation of multiple trash haulers in the subdivision increases the risk to pedestrians, particularly children, given the absence of sidewalks. Members have also noted that the operation of multiple trash haulers using heavy trucks increases the wear and tear on the Common Areas and roads of the Vintage Estates Subdivision. Members also note the inefficiency and excess use of fuel by multiple trash haulers, adversely effecting the environment and contributing to continued reliance by the United States on foreign energy sources.
The Board of Directors has determined that the Association has a compelling interest in regulating the operation of trash haulers in the Vintage Estates Subdivision. The Board of Directors has determined that trash collection on multiple collection days constitutes a detriment to the safety, street condition, and visual and auditory quality of the Vintage Estates subdivision. The Board of Directors has also determined that it would benefit the subdivision to authorize the Board of Directors to restrict trash collection to one day per week, and to solicit bids by multiple private trash collectors in an effort to capitalize on the combined purchasing power of the members and to select, recommend and authorize a single trash hauler for Vintage Estates Subdivision and the Common Areas.
The Board of Directors has determined that the private contracting of waste hauling between the individual Members and the private waste hauler selected by the Board of Directors should be subject to periodic review and minimal regulation by the Board of Directors.
PROPOSED AMENDMENTS TO BYLAWS
The Board of Directors recommends the following amendments to the Bylaws of Vintage Estates Subdivision:
A. Power of the Board of Directors to Select Single Waste Hauler. Add the following to the end of Article VI, Section 3:
“The Board of Directors shall, from time to time, adopt reasonable regulations regarding the collection of rubbish and trash, including yard waste and recyclable items, by private waste haulers, including the following specific powers:
- Select and authorize an exclusive trash hauler for Vintage Estates Subdivision;
- Enter into an exclusivity agreement with a trash hauler;
- Establishment of a single day per week for the collection of household trash, yard waste, and recyclable materials;
- Solicitation of bids from private waste haulers for regular trash, recycling and yard waste on behalf of the Members;
- To review and adopt reasonable and non-discriminatory regulations regarding construction dumpsters, special trash pick-ups, landscape debris hauling, or other construction related trash or debris hauling;
- The establishment of a requirement on Members who choose to contract for waste hauling to contract with the single waste hauler selected and authorized by the Board of Directors; and
- The power and authority to grant temporary exceptions to the requirement of contracting with the waste hauler selected and authorized by the Board of Directors.”
B. Power to Establish Fees and Penalties for Use of Unauthorized Waste Haulers. Add the following new section “F” at the end of Article VIII, Section 1:
“F. To establish reasonable fines, fees and penalties to be imposed on Members who contract with waste haulers other than the waste hauler selected and authorized by the Board of Directors, or for the placement of trash at curbside on days other than collection day or the immediately preceding calendar day.”
C. Duty to File Liens against Lot of Any Member with Delinquent Fines, Fees or Penalties.
Add the following new section “E” at the end of Article VIII, Section 2:
“E. To file a lien against the lot of any Member who is delinquent in the payment of any fines, fees or penalties imposed by the Board of Directors after notice and reasonable opportunity to cure, pursuant to the Bylaws, and if appropriate, to commence appropriate proceedings for the collection of such amounts or the foreclosure of such liens.“
Pursuant to Articles II and X of the Bylaws, the following Member hereby approves the foregoing amendments to the Bylaws. The undersigned member also waives any requirement of meeting, prior notice of meeting, or the existence of a quorum.