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ChristineS2 (Florida)
Posts: 7
Posted:
"No parking of trucks larger than 3/4 ton pickup trucks or 3/4 ton vans or trailers of any kind" Does this mean curb weight or payload base capacity? Does it mean the truck cannot weigh over 1500 lbs?
FredS7 (Arizona)
Posts: 927
Posted:
It is the responsibility of the Board to interpret the rules.

Having said that- in conventional use 3/4 ton does not represent the weight of the truck.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Christine:

I imagine they meant it as the cargo capacity. This would potentially be easier to enforce as it would be obvious per the model the size of vehicle i.e., Ford F-250 Series, Dodge 2500 Series, etc. as being 3/4 ton vehicles.

Have you asked your association board if they are considering the above referenced series as the 3/4 ton vehicles for that section in your documents? This way you potentially would have it in writing from them.

ChristineS2 (Florida)
Posts: 7
Posted:
Thanks for your reply.
ChristineS2 (Florida)
Posts: 7
Posted:
Thank you.
PeterD3 (Florida)
Posts: 708
Posted:
You may wish to review this Fl. case law regarding trucks in HOAs :http://www.floridacondohoalawblog.com/tags/truck/

NOT saying it applies to your situation but if the truck is non-commercial use than the HOA MAY not be able to enforce any truck restrictions. However your city/county might have size restrictions for residential zoned areas.
ChristineS2 (Florida)
Posts: 7
Posted:
Thanks, but this is not applicable. This is regarding weight - curb weight vs base capacity.
PeterD3 (Florida)
Posts: 708
Posted:
My intention was that you may be missing the point of banning trucks (regardless of weight). If they are for PERSONAL use the restriction MAY not be enforceable. That is all.
BrendaS4 (Florida)
Posts: 40
Posted:
Going through the exact same issue, trying to amend out docs. We started out saying ¾ ton maximum load capacity. My understanding is that ¾ ton is terminology that is no longer used, but it is the public’s general accepted term for the size of a pickup truck. So don’t toss the term. But then I came across the Dept. of Transportation weight class (can’t find it on the DOTs page) found in on this web page: http://changingears.com/rv-sec-tow-vehicles-classes.shtml take a look at this and you will see what it is all about. Interesting.

Our CCRs list what is NOT permitted, so our wording will be:
"…the following vehicles shall NOT be permitted to be visibly parked on a permanent basis at any place on the Property:
pickup truck OVER ¾ ton load capacity -- defined by US DOT as Class 3 or above,
truck, cargo carrier, trailer, tractor, vessel, aircraft, recreational, commercial."

So if we get the amendment passed, the owners will have those nice light duty pickup trucks, up to the maximum of ¾ load capacity (DOT Class 1 & 2) and be able to park in the driveway. Now this is troubling some residents, because some of these trucks are big. I highly advise you also use the “class” ratings. There will be some mean person that will say not approved because the manufacture lists the load capacity at 1600 lbs – it’s over 1500. We even had to check out the GVWR (gross weight) of these vehicles, to satisfy some owners that the pickups would not make ruts in the asphalt on a hot day. Then I had to research the length, because they were afraid they would stick out into the street. They really think the Escalade is so much better that a pickup truck and that Escalade’s gross weight go above most all pickup trucks. Trust me you will learn a lot more than just what a ¾ ton pickup is.

In the CCR there will also be a statement: "The board may set forth reasonable definitions and guidelines to further identify the restrictions as stated in this section." So I went to the Florida traffic statutes: MOTOR VEHICLES--CHAPTER 316 and got my definitions.

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