Installing cap on truck becomes an SUV

Started by BrendaS4 • 5 replies • 2923 views

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BrendaS4 (Florida)
Posts: 40

Posted:

Florida HOA: Does installing a cap on a pickup truck magically turn it into an SUV? I have been told there is case law on this subject and the court has ruled that a cap does not make a truck an SUV.

I am unable to find that, can anyone point me in the right direction. I need more than common sense to countermand the argument that the truck can be turned into an SUV. Understand this "rule" that the board has done is being used by some to show we don't need an amendment.

Presently the CCRs say no trucks "parked or stored on the Property." Pickup trucks owners are told they have two options, in the garage or purchase and install a cap then you may park in the driveway. Some don't think that is right to do. The covenants say stored which implies inside; so according to the CCRs, "perhaps" garages are off limits; and certainly the other alternative makes no sense. The CCRs gives no authority to the board to define or explain anything within this section of the CCR.

Don't misunderstand; I have sympathy for the board that has to enforce such a 30-year old strict restriction today. They have tried to circumvent the CCR and it now has created adversarial feelings among the community. So, some of us are working hard on an amendment.

CarolF (Florida)
Posts: 435

Posted:

You might want to take a look at this Florida case.......from the beginning.

Flap over truck in driveway to cost Hillsborough community $187,443

Article Courtesy of St. Petersburg Times

By Nicole Hutcheson

Published July 29, 2010

TAMPA — A four-year legal battle between a homeowners association board and a man who wanted to park his pickup truck in his driveway may have entered its last chapter.

On Friday, Hillsborough County Circuit Court Judge Martha J. Cook ruled that the Eagles Masters Association must pay $187,443.37 in legal fees for A.J. Vizzi. The association has 30 days to pay, appeal or file for reconsideration.

In March, Cook decided that the association should pay Vizzi's fees. The two parties were left to determine the amount.

Friday's ruling came after that communication broke down.

"We had tried to resolve the case and resolve the fees informally with the association without a hearing," said Daniel Anderson, Vizzi's attorney. "But, unfortunately, the association never made us an offer."

Board president Bruce Derby referred questions to association attorney Jonathan Ellis, who did not return calls for comment.

The ordeal began in 2001, when Vizzi was first cited for parking the truck in his driveway. He argued his truck was permitted within Windsor Park, one of the nine subcommunities in the Eagles. After several hundred dollars in fines, the association sued Vizzi in 2006. A Hillsborough circuit judge sided with Vizzi in 2008. A subsequent appeal by the association was defeated in March, when the appeals court ruled in Vizzi's favor and ordered the association to pay his fees.

Vizzi's attorney requested $211,000.

The Soaring Eagle, the neighborhood's quarterly newsletter, stated that the legal fees will not require a special assessment.

In addition to yearly fees for each of the villages, Eagles residents pay $650 a year to the Eagles Masters Association.

Jim Keeney, 67, a Eagles resident for 10 years, said he does not like the idea of his fees funding a lawsuit. "The fees should go toward the betterment of the community," he said.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

<< READ IT AND WEEP >>

many 'SUVs' are actually classified by the DOT as 'light trucks'

.... check the driver's door panel for the 'sticker'

(i know from personal experience when i got my Plymouth Voyager)

as per: http://www.ncseonline.org/nle/crsreports/03May/RS20298.pdf

"Most sport utility vehicles, mini-vans, and pickups are classified as “light trucks” and thus are regulated less stringently than passenger cars under two major laws—the Energy Policy and Conservation Act for fuel economy standards, and the Clean Air Act for emissions standards. These differences came about because at the time the laws were passed, light trucks were used differently, and because they represented a much smaller share of the automobile market. Over the past decade, however, these vehicles have dramatically increased their share of the new automobile market. Therefore, the share of total fuel consumption and emissions attributable to these vehicles has steadily increased. In response to this trend, the Environmental Protection Agency has ruled that by model year 2009, emissions from all light trucks and passenger cars will be regulated equally. Also, in April 2003, the Department of Transportation finalized more stringent fuel economy standards for light trucks starting in MY2005. This report discusses the discrepancy between emissions and fuel economy standards for passenger cars and light trucks, how that discrepancy is changing, and legislative activity related to these issues."

BrendaS4 (Florida)
Posts: 40

Posted:

We have seen the court case and many others; we do know that many SUVs are classified as light trucks. They are allowing SUVs and vans. The problem is forcing a pickup truck to purchase and install a cap in order to park in drive. Sounds like selective enforcement. We want to amend to allow pickups with a maximum 3/4 ton maximum load weight to park and be "visible." Some are arguing no reason to amend and using this argument that they already can if they purchase a cap. Others are mad at board for not upholding the docs, not so much the idea of pickup trucks.

Anyone know case law. What we want to put forth substantial proof that placing a cap on a pickup truck does not turn it into an SUV. They won't listen to us on ths one issue. Right now the fairy godmother comes around, spreads fairy dust, and whoop a cap is installed, and whoop an SUV is there. Yea, I'm being silly.

FYI: our association lawyer just gave an opinion that our CCRs, clearly prohibits "all" trucks. Bless his heart.

PeterD3 (Florida)
Posts: 708

Posted:

Adding anything to any vehicle to change it's clssification sounds... weak.

Here's some claification on the case referenced a few posts ago:
http://www.floridacondohoalawblog.com/tags/truck/

Basically it says if it (truck) is for personal use (i.e. non-commercial) it seems it may be allowed (via the case law cited in my link).

As far as the HOA council saying all trucks are prohibited... that may depend on your HOA docs.
BUT in all court cases there are at least two differing 'legal council' opinions, the one that matters is the Judge.

It would seem SO FAR on the facts posted case law may be on the side of the truck owner if it is a non-commercial

JohnB26 (South Carolina)
Posts: 1,569

Posted:

FYI: our association lawyer just gave an opinion that our CCRs, clearly prohibits "all" trucks. Bless his heart.

since most SUVs are light trucks, he is saying that a Chrysler Mini-Van is banned?!

"oh, what a slippery slope we travel, when first we practice to restrict"

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