united-states definition colorado hoa
Interpretation of the term &quot;fully enclosed area&quot;
<p>My HOA in Colorado USA, has the following rule</p>
<blockquote>
<p>Each Lot shall provide a fully enclosed area for containment of trash, garbage or other garbage, and each Lot at all times shall be kept in a clean, sightly and wholesome condition and grass and weeds shall be kept mowed. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Lot so it is visible from any neighboring Lot or from the street, except as reasonably necessary during the period of construction. The Board of Directors, through its agents and employees, shall have the right and duty to enter upon any Lot and remove such unsightly objects and materials at the expense of the Owner, and upon due notice to the Owner and failure of the Owner to comply with this Section, such entry shall not be deemed a trespass. The cost of such removal shall he chargeable by the Board of Directors to such Owner, by Individual Assessment in accordance with Paragraph 5.3(c) hereof.</p>
</blockquote>
<p>The board has recently started to enforce their interpretation that this means that <a href="https://www.westerndisposal.com/residential/" rel="nofollow noreferrer">our garbage cans</a> must be hidden from view of the street. I can not come to that same interpretation based on this language. I think the cans themselves are &quot;fully enclosed areas&quot;, and do not need to be hidden from the street. What is the board required to enforce it's interpretation of the rules? If I disagree is my only option to sue the board if I am cited by the board for violation?</p>
<p>Additional questions: If I fly a drone above the street and can see the board president's trash can, can I request that the president be cited for violating this rule? If I have photographic proof that the board has not enforced the rule in this interpretation since 2007 (when google street view imagery became available in my area), does that change the answer to the above questions?</p>

<p>Fully enclosed area means being inside something, likely a non-see-through fence.  You will not convince anyone that a trash can is &quot;fully enclosed;  it is a container, which is called out.  Your chance of litigating this successfully is approximately zero unless your goal is to spend money and force the HOA to do the same.  You can certainly ask what the expectation is or examples that meet the requirement.</p>
<p>Your ability to fight your issue by citing other installations is limited unless they are forcing you to do something other homes are not required to do.  &quot;I can see your can with a drone&quot; will not let you leave your trash can out.</p>
