What can I do about a neighboring condo association’s dumpsters?

UPDATED: Oct 1, 2022

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What can I do about a neighboring condo association’s dumpsters?

I recently purchased my first home. Shortly after moving in, I discovered that the the condo association my property backs up to has their dumpsters located on the over side on my fence. They have been located there since the 1980’s when

the condos were built. My home was built 22 years ago and a new city code was enacted which does not allow bulk sanitation containers within 500 feet of property zoned as single family. Unfortunately, the condo association is grandfathered in and I get a lot of noise, smells and animals from the dumpsters. Also, they use my fence as the back of their dumpster enclosure which doesn’t seem right. Is there any way that the grandfather clause is broken due to age, renovations, or other measures? I would like for them to move the

dumpsters to another location in their property.

Asked on October 15, 2018 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, if it was grandfathered in, it remains grandfathered in despite the passage of time. They still need to comply with all sanitation code regarding how they keep their dumpsters, and loose garbage in the area, smell, etc. Review your municipality's sanitation and health code; if they are not complying and that is contributing to the nuisance b call in complaints on that basis; it may ne possible to at least get the area cleaner.

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