Suspension of Rule

Hi Thomas:

My first question is what makes them a commercial vehicle? Are they potentially just pickup trucks and do not fit into garage?

The reason I ask is because Davis-Stirling states:
http://www.davis-stirling.com/MainMenu/MainIndex/PickupTrucks/tabid/1531/Default.aspx

PICKUP TRUCKS

Although associations can restrict recreational and commercial vehicles, they cannot prohibit all trucks. Noncommercial pickup trucks, 4-wheel drive off-road vehicles, and SUVs have become the primary vehicle for may owners. In a 1987 case, the court concluded:

Beauty--even with cars--is in the eye of the beholder. In this world where those persons concerned with upwardly mobile status frequently drive off-road vehicles including well-appointed jeeps or pickup trucks . . . The pickup truck, often both comfortable and economical, has become for many the equivalent of the convertible in earlier years. As times change, cultural perceptions--including society's acceptance of certain types of vehicles--also change. The pickup truck no longer has a pejorative connotation. One person's Bronco II is another's Rolls-Royce. Bernardo Villas Management Corp. v. Black

Here they describe commercial vehicles:
http://www.davis-stirling.com/MainMenu/MainIndex/CommercialVehicles/tabid/1525/Default.aspx

Definition. Commercial vehicles may be defined as any vehicle which:

* displays the name of a business or other commercial enterprise or employer anywhere on the vehicle, (except on its license plate or license plate holder, or as a decal on a windshield or window, and except for passenger vehicles with government designations such as city inspectors, police, fire, etc.);

* has a chassis with a capacity of 3/4 ton or larger, such as flatbed trucks, tow trucks, tractor-trailer rigs, and the like;

* carries equipment, tools, or materials, related to a business which are visible from outside the vehicle such as ladders, pool supplies, plumbing equipment or materials, construction materials, landscape equipment or materials, etc.

* is over 18 feet in length, bumper to bumper.

Read more: Commercial Vehicles http://www.davis-stirling.com/MainMenu/MainIndex/CommercialVehicles/tabid/1525/Default.aspx#ixzz1KDF0oGqT
from Davis-Stirling.com by Adams Kessler PLC

How would you describe the "work trucks" within your association?

Hi Thomas:

This can become a difficult situation in that owner’s need to make a living to pay their HOA fees and mortgage. While some states have excluded potentially for example emergency vehicles with regards to HOA’s there is still the issue of other company vehicles. As you stated in your original post “many do not fit into garages”. Therefore, the questions could potentially be is it the fault of the homeowner making a living that the garage was built to not accommodate pickups? Would a court consider this reasonable?

As you can see there are potential unanswered questions and depending on if someone challenged, evidence presented, whether judge had a good day or bad day, etc. LOL … I’m not sure where you draw the line … I guess it potentially could come down to what is considered reasonable rules. Maybe in some circumstances what needs to be considered is what if you were in the other person’s shoes then what would you need or do? One idea might be to require certain work vehicles to cover any logos with blank magnetic signs or cover their vehicle with a car cover, as needed to meet the guidelines.

When in doubt at this time for your state I would follow Davis-Stirling as previously posted:

http://www.davis-stirling.com/MainMenu/MainIndex/CommercialVehicles/tabid/1525/Default.aspx

Definition. Commercial vehicles may be defined as any vehicle which:

* displays the name of a business or other commercial enterprise or employer anywhere on the vehicle, (except on its license plate or license plate holder, or as a decal on a windshield or window, and except for passenger vehicles with government designations such as city inspectors, police, fire, etc.);

* has a chassis with a capacity of 3/4 ton or larger, such as flatbed trucks, tow trucks, tractor-trailer rigs, and the like;

* carries equipment, tools, or materials, related to a business which are visible from outside the vehicle such as ladders, pool supplies, plumbing equipment or materials, construction materials, landscape equipment or materials, etc.

* is over 18 feet in length, bumper to bumper.

The rule is listed in Rules and Regs. We have CCR's, Bylaws, then the Rules. These have always been selectively enforced in our community.

The Board did take a vote amongst themselves in open session, to only "take a look at amending" the Comm. Vehicle definition and it passed. But the amendment time has now been extended for another 60 days, making 4 months in total where nothing is getting done.

People are of course taking advantage of this and I fear it will be harder as time goes by to go back to original policy.

As for "what would I do"? I have been looking at buying a new pickup and have looked at measurements to make sure it fit in my garage. Other have done the same when purchasing new vehicles. We are required to park 1 car in garage.

Just because someone moved in to the community without taking the time to read the rules is not an excuse that can be used later....."I did not know".

It is just a rule, we do have access to public streets as a parking option.

I think it would be an added expense that would meet resistance. There has been talk of converting a section of parking spaces into a commercial area. My first thought is that is would look lika a junkyard.