My new South Carolina HOA
has this in the CC&R's:
4.18 Each Unit Owner shall provide garbage receptacles or similar facilities in accordance with reasonable standards established by the Declarant, or a roll-out garbage rack of the type approved by the Declarant, which shall be visible from the streets on garbage pickup days only.
The city provides us with two large rolling containers, one for trash, one for recycling. After I objected to a number of houses leaving their containers visible, I was told by the management company:
"The board has made the decision that any trash cans that have plantings around them will be allowed because the plants grow up."
So now these containers are still fully visible but behind small plants and even potted plants that will never grow up to hide them. How should I explain to the Board, all neophytes, their obligation to enforce the restriction as written, that they do not have the authority to add or subtract from the CC&R's?
South Carolina law imposes a duty of loyalty to the non-profit corporation that is our HOA, whose interests are expressed in its governing documents. That's about all I can find. I think also that their action risks a suit (and maybe by me) to enforce the restriction, and personal liability for the breach of their duty of loyalty. But I want a lawyer to explain this and whatever else they should know.