Tennesee HOA waiting for Osceola County's trash can caper decision

State Attorney reviewing possible criminal charges

Author: Mike Holfeld, Problem Solver, mholfeld@clickorlando.com
Published On: Oct 08 2013 02:39:46 PM EDT   Updated On: Oct 08 2013 02:45:48 PM EDT
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ORLANDO, Fla. -

The fate of the Central Florida homeowner's association president behind the removal of 80 trash cans and recycling carts  in the Turnberry Reserve subdivision, has become the talk of HOAs across the country.

Residents in the Bent Creek neighborhood in Nolensville, Tennessee are facing a legal action from their HOA if trash cans are not “out of sight.”

In an email to Local 6 on Tuesday, Andrea Barnes says residents there “have objected to new changes in the rules that are meant to add drive-up appeal”…but she adds the “original covenants contained no express wording that indicated we would have to store them in the garage or on the side of the home (or back).”

The neighborhood is just south of Nashville in  what  Barnes calls “a hot-selling area.”

Barnes says Bent Creek residents are anxiously awaiting the decision by the Orange-Osceola State attorney’s office. 

“It's absurd to think that we could have added this cost to our original purchase price had we known about this rule and now homeowners are maddened over these issues,” Barnes says.

The cases are different because Turnberry Reserve’s HOA president, Sherry Raposo, could end up in jail for 90 days, fined $1500 or both for the theft of the trash cans, while the Tennessee HOA is playing it by the book and taking their neighbors to court for not removing them from sight.

A spokesperson for the State Attorney’s office says  the charges against Raposo are being reviewed. Detectives are seeking three counts of misdemeanor charges for the theft of the trash containers. Of the 80 cans removed only seven residents filed charges and only three agreed to go forward.

According to Barnes, residents in her Tennessee neighborhood have two options:

1.  Move them into the garage.

2.  Build a trellis/hideaway/choices on the side of the home or move them to the back.

Barnes argues that the first solution “is unreasonable”  because  storage is an issue in the homes and the  garages are narrow. 

“I quite literally cannot move my car into the garage if my trash container is on the side near the wall as the car runs into it,” Barnes says.

A more controversial HOA rule bans children’s playhouses. According to Barnes, the Federal Government has indicated strong interest in that rule because it may violate the Fair Housing Act based on familial status.

If you have an HOA issue contact Mike Holfeld on Facebook or email mholfeld@wkmg.com