Petition to Change the Bent Creek Rules & Regulations dated November, 2012

Issue at Hand:  A controversy has arisen regarding the placement of trash containers in or around homeowners residences.  The following facts are evident in regard to this situation.

1.  1.  The original covenants are silent regarding the placement of trash containers.  This led prospective homeowners to plan for use of their garages (cars, shop tools, boats, RV’s, exercise area, bicycles, etc) thinking that space would not be devoted to trash containers.

2.   2. The Declarant/Developer did not require building contractors to prepare a specific place for the placement of trash containers on the side or front of the residence.

3.  3.  The Homeowners Association Board of Directors in its promulgated “Community Rules and Regulations” is now requiring that trash containers not be visible from the street and satisfaction of this rule is being interpreted to mean that trash containers cannot be stored in front of garages that face the street. 

4.   4.  Homeowners are in opposition to storing trash containers in an garages that were designed to house automobiles and other personal property and not trash containers.  Homeowners oppose the unsanitary conditions created by storing trash containers in garages (i.e. flies, rats).

5.   5.  While the Board of Directors has informally (via the Ghertner Company representative) indicated it would be satisfactory to store trash containers on the side of a residence it has not provided financial relief to those homeowners whose  residences are built on sloping ground to build an accessible storage pad and pathway from the storage pad to the street.  In some instances the cost to build a pad and pathway would be substantial.  Furthermore, by allowing the Ghertner representative to communicate that storage of trash cans on the sides of houses is acceptable the board has abandoned its written rule.  Therefore, it has no written rule in effect.

6.   6.  Some homeowners may, including those with disabilities, have more difficulty in maneuvering trash containers in the situation outlined in item four (5) above.

The residents now come to the Board of Directors with a proposal to amend the Bent Creek Community Rules and Regulations on page three (3) to allow storage of trash containers to be placed either at the front of the residence or at the side of the residence with appropriate screening as follows:

Existing Language: page 3, “Trash containers shall be returned to a location not visible from the street on the same day/evening as trash pickup.”

Proposed Amended Language:  “Trash containers shall be returned to a location either on the side of the residence or on the driveway provided it is placed near the home or garage door.”