Bins stored in communall area. Can Management Company do anything?

[A32]

Hi,

I live in an estate of 8 houses, some owned and some leased. There are 6 on the roadside and 2 behind the six with their front door opening out on to the communal area used for parking and accessed by electric gates from roadside and we all have our own back garden, so if you could picture a birdseye view the houses are in an upside down L shape with the shoter leg detatched from the long leg to represent the 2 houses out the back and the road running parallel to the longer leg.

My Question is, that one of the houses facing the road persists in keeping their two bins outside their boundary wall in the communal area.

Is there anything the management company can do as they refuse to take them in and it makes the communal area look very messy looking?

 

[alexandra123]

They cannot do very much except ask them. They are hardly going to bring them to court for this. I could be argued that as the bins are in the communal area - they could be treated as waste disposed off in a private area.

I dont think you will get very far with this. You could keep moving the bins out of the way of the communal area and give the neighbour a long walk to find the bins and re-bring them back.

You could contact the council and see if they can do anything in regards to the litter act. It has the potential for the bins to be knocked over by the kids playing and for the litter to be emptied by someone walking by that thinks it's a joke or sets a light to it. Not saying that these things will happen, but it has the potential to happen !

 

[Leo]

You could contact the council and see if they can do anything in regards to the litter act.

Private development, so the council will not intervene.

Yes, the management company, or its agents can request the owners to keep their bins inside their property.

 

[ajapale]

Private development, so the council will not intervene.

I think the council environment department has powers to act in certain circumstances.

The following is from Longford CoCo but the principle is the same around the country.

LITTER HOT LINE: 1850 434 450
We also have a dedicated Litter reporting email address Litter Control
Significant progress has been made by Longford County Council in the battle against Litter Polluters over the last number of years. Section 9 notices are a useful tool in the fight against litter as they require the offender to remove the waste which they deposited illegally or face legal action.
Litter pollution act 1997 amended by the Waste Management(Amendment) Act, 2001 and Part 4 of the Protection of the Environment Act 2003 Information :

Leaving or throwing litter in a public place is an offence which can be subject to an "on the spot fine" of €150 and a maximum fine on indictment for litter offences of €125,000. A person convicted of a litter offence may be required by the Court to pay the Council's costs and expenses in investigating the offence and in bringing the prosecution.

Public Places:

If you are the owner or the person responsible for a place to which the public has access you are obliged to keep the place litter free, regardless of how the litter got there. This applies to any public place which may include the precincts of a shopping centre, a school, a public park, a train or bus station.
Private Property:

The owner or occupier of property which can be seen from a public place is obliged to keep it free of litter. Basically any outdoor area on your property that is visible from a public place must be kept free of litter. Where litter has accumulated on property for whatever reason and the litter is visible from a public place, the local authority can issue a notice to the owner requiring the prompt removal of the litter.