commercial vehicles again!

We have a storage lot in our very small gated neighborhood. We have one resident/lot owner who says he is grandfathered in by purchase of his lot. He claims he only bought in here because he was promised he could keep his commercial trailers in the storage lot. We recently bought a trailer that was kept in the lot without complaint. We lettered it with my husbands corporate logo and now it is a commercial trailer and cannot be stored in the lot? It is owned and registered personally. The grandfathered in neighbor has nothing in writing so far to prove his claim, and has two trailers with his company logo. Our covanents state all vehicles must have up to date plates, and no commercial vehicles. Up to this point none of this has been enforced. His are all expired, one by 21 years. The neighbor who complained use to own the trailer we now own. He also complained about no one else. What do you think? I am the president of our association.

Hi Janet:

Here is the Florida statutes: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720PartIContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20720%2D%3EPart%20I

This area: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.3035.html

States:

(5)Neither the association nor any architectural, construction improvement, or other such similar committee of the association shall enforce any policy or restriction that is inconsistent with the rights and privileges of a parcel owner set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly applied or not. Neither the association nor any architectural, construction improvement, or other such similar committee of the association may rely upon a policy or restriction that is inconsistent with the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly applied or not, in defense of any action taken in the name of or on behalf of the association against a parcel owner.

This wording is the concern: "whether uniformly applied or not"

I'm not an attorney, but this gives you a start for your issue.

JanetW,

Can you post any information on #1, Commercial Vehicle Restrictions from your CC&Rs.

#2, Any rules on the Storage lot.

You said---"He claims he only bought in here because he was promised he could keep his commercial trailers in the storage lot." So What! Does he have it in writting? NO!

"The grandfathered in neighbor has nothing in writing so far to prove his claim, and has two trailers with his company logo. Our covanents state all vehicles must have up to date plates, and no commercial vehicles. Up to this point none of this has been enforced. His are all expired, one by 21 years."

As I wrote earlier, you need to send us what is defined as a commercial vehicle from your CC&R's. Also what is the purpose of the storage lot(what can go in there)

There needs to be rules on use of that lot. Operating vehicles only, current tags and insurance otherwise the HOA will have liability in case of something going wrong with an uninsured vehicle being stored on HOA property.

Janet,

I would think that the No commercial vehicles means that you cannot park them on your streets or in your driveways. What is the storage lot for other than to park vehicles that cannot be parked on the streets? I think that someone has misinterpreted what the use of the lot is for? Like your commercial vehicles?

Donna - looks like you posted while I was formulating my reply. Just to comment on the definition of a commercial vehicle. I'd be willing to bet that the documents don't define that. I can't recall seeing any documents that go to that level, primarily because they presume the common meaning of the term. Commercial license plates or not it would be tough to argue that a vehicle lettered up for a business entity is not a commercial vehicle.

IMO, the biggest issue here is the storage lot. What do the CCRs say about it? Who can use it and what can be stored in it? I would like to see the wording about the storage lot.

If the whole issue is treat everyone equally, and there is no way the "grandfathered" individual will move his letterd trailers then the association has to let lettered vehicles in. We don't want them in the driveways and most people in here don't care whats in the storage area.