Living at the mercy of the HOA
by James Simpson

Potomac News
Friday, January 9, 2004

For those not familiar with homeowners associations - you're lucky.

They are generally run by controlling individuals who like telling other people how to live their lives. I currently reside in a town house that is part of the Lake Ridge Parks and Recreation Association, a name that I guess is supposed to make it sound friendlier.

I know... I decided to move into a property tied to a homeowners association. However, in my defense this was the first property I ever owned. It is not something I will do again, knowing what I now know.

In this months' association newsletter, Thomas Freeley, the LRPRA General Manager, writes that the association is considering placing all town house communities under one trash removal service. I am strongly opposed to this for a number of reasons.

First and foremost is that it would remove an individual's right to choose which plan suits him or her best and the associated benefit of competition that encourages good service.

As an example, about three years ago, the street in front of my row of town houses needed to be resurfaced. When the paving company, which was contracted by the association, smashed up the stones - used by my neighbors to cross the frequently soaked common area to reach their cars - I called to complain. The association's reply was that that area should not have had stones placed there by residents, and they couldn't do anything about the damage.

Of course, if this was a contractor hired by a resident, the contractor would have had to pay for the damage? which wouldn't likely have happened in the first place as the contractor would have been more careful in how they treated their client's property.

If my trash is not picked up, I can call the trash company (as I have had to do a couple of times over the past five or six years) and ask them to take care of the oversight - which they have done within 24 hours. Personally, I don't think that this would happen if the association was the intermediary.

I have called the association a number of times regarding the standing water problem behind our row of town houses. A problem that they created a couple years ago by digging what were supposed to be drainage trenches. At the time they were dug, Miss Utility wasn't called and cables were exposed in at least two or three areas, but I digress.

The thing is? any standing water issue that existed prior to the digging was made significantly worse. Now I can't even get my trash can around to the back of the townhouse without sinking in mud.

Another benefit to having individual service, is the ability to discontinue it if finances are tight. If someone loses his or her job, and needs to cut back on expenses, trash service is one that can currently be canceled. A homeowner can take their trash to the dump on occasion saving a few bucks a month.

Not so when the association take it over. You will be forced to pay what they demand, even if it isn't competitive with the rate you could get on your own. And if you don't, the association has the power to put a lien on your home.

I only pay $12 a month for trash removal service. This price includes twice a week pickup with recycling on Fridays. Even if the trash service is bid out to a single company, it likely won't be long until the rate for "included" service exceeds what the market charges. When any type of government is involved, costs always have a way of creeping up.

The LRPRA newsletter indicates this plan will be done to address certain problems, such as "noxious smelling and noisy trucks" and "safety issues" with multiple trash company services. However, most of the trash pickups are done during the day, while people are at work. And I haven't read of one safety related problem due to multiple trash services in the community.

Regarding the fact that different trash companies come on different days - this can be very helpful for people that have unusual schedules. If you work a late shift on Thursdays, perhaps it isn't convenient to select a trash company that requires you to have the cans out front by 8 a.m. on Friday morning.

What the LRPRA newsletter conveniently doesn't point out is that this will be used to help them enforce covenants. When all the trash cans in a townhouse complex are picked up on Tuesday, they can send someone out early Wednesday morning to see who has not brought their trash can back in and send out "notices" of non-compliance.

In closing I can't help but notice that the only homeowners that are not going to be left the option to decide who will pick up their trash are those in town homes. I guess since we can't afford the money to live in a single-family home we don't warrant the right to make these types of decisions for ourselves.

James Simpson lives in Lake Ridge, and is, by default, a member of the LRPRA.