State has limited HOA power over trash cans

Q: I live in a gated community where our rules have always required trash cans and bins to be stored out of sight when not out for trash pick-up. We just received those new large trash/recycle bins a few weeks and already residents are having a hard time storing them in the garage, beside their house, or elsewhere to be out of sight because of their large size and being cumbersome to move when full, particularly by more senior residents.

This issue is on our upcoming board meeting agenda where current versus more lenient rules for these bins will likely be strongly debated.

I seem to recall you addressing this issue in one of your columns. Any advice you can share would be greatly appreciated.

A: The 2013 legislative session addressed this issue with the passing of Nevada Revised Statues 116.332, “the right of units’ owners to store containers for collection of solid waste or recyclable materials. The law begins by stating that only this statute regulates the trash bin containers. “Except as otherwise provided in this section, an association of a planned community may not regulate or restrict the manner in which containers for the collection of solid waste or recyclable materials are stored on the premises of a residential unit with curbside service.”

An association can only adopt rules in accordance with the procedures of this law.

When the containers are not in the collection area (for trash pick-up day), the rules adopted by the association must comply with all applicable codes and regulations and must allow the resident to store the containers outside any building or garage on the premises of the unit during the time the containers are not within the collection area.

The association may have rules that say the containers may be stored in the rear or side yard of the unit, and that the containers be screened from view from the street, a sidewalk or any adjacent property.

The rules may prescribe the size, location, color and material of any device, structure or item used to screen the containers and the manner of attachment to the structure on the premises where the containers are to be stored.

An association may adopt rules which pertain to the boundaries of the collection area,and the length of time at which the containers may be kept in the collection area.

NOTE: The Community Associations Institute, Nevada Chapter, will hold its monthly breakfast Aug. 9. Community lobbyist Garrett Gordon will provide a forecast of what to expect in the upcoming legislative session.

Other speakers will include Sen. Aaron Ford, D-Las Vegas; Sen. Becky Harris, R-Las Vegas; Assemblywoman Ellen Speigel, D-Henderson. To register for the event, call 702-648-8408

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.