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Q: I live in a homeowners’ association and the declaration of covenants provides that trash cans may not be put at the curb until 7 p.m. the night before trash pickup. I am new to the community and was not aware of this provision and put my trash cans out at 5 p.m.
A: It could be. It will depend on the association’s governing documents.
While your ignorance of the recorded covenants is not a legal defense, I must say you’re your association’s fining practices seem overly aggressive, bordering on overreaching. While not required by law, most associations provide a warning letter as a means of seeking compliance with the governing documents before resorting to fines, especially for minor violations such as this.