Can HOA forbid me using trash enclosure in common area b/c they claim I refused to participate in project, which is not true?

Asked over 1 year ago - El Cajon, CA

I couldn't attend meeting b/c of work, but sent several emails asking them to forward me plans/discussions so neighbor & I could have input. They didn't try to reach me by phone, email or mail after that. Once built, side of enclosure facing my patio was left open & I can see neighbors trash cans inside it from outside my home & from inside my patio; they are going to let bushes grow tall enough to make a wall; was suppose to be a false fence & they refer to it as a false fence, but it has black hardware visible to everyone. I feel my rights are being violated by being forbidden to use it; the side facing my home and patio should be enclosed with wood boards as they did to the side facing my neighbor's home; the black hardware should be painted same color as fence to camoflauge it.

Attorney answers (2)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your question is not entirely clear. Generally speaking, the HOA cannot prohibit you from depositing trash into the community bins, as long as you are paying your dues and complying with the HOA rules and regulations.
    If you need more specificity, then you need to contact a lawyer in your area.

  2. Cheryl Rivera Smith

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You should consult a local attorney.

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