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LarieG
Posts: 4
Posted:
What is the basic rule on parking commercial vehicles within a HOA community?

Also if anyone can give me the pros/cons of living on a private road.

Thanks,
LG
ToriaM (North Carolina)
Posts: 10
Posted:
Larie, the by-laws of my HOA state that no commercial vehicles are allowed. There was a homeowner who drove limos as a part-time job and would park the limo around the street from his home. We advised him of the by-law violation.

Unfortunately, we don't have private roads in our community so I cannot address that.
LarieG
Posts: 4
Posted:
Thanks. Are you allowed to keep one in your garage?
JonnieG (Texas)
Posts: 4
Posted:
We are a very small POA in Texas. Our road is private, as we live in an unincorporated county area, at least 30 miles from the nearest town of any size. Our subdivision is approximately 50 acrea, with 1/3 of a lake (about 50 acres also) belonging to the POA. One advantage: it is private, with a gate (which is always open), so there is not that much traffic.
One big dis-advantage: Maintenance is the POA's responsibility, the county will not help. Our annual dues are very low, so most of our income goes to upkeep of the roads.

Commercial vehicles - we have passed a load limit; however, one or two members do bring their big tractors in overnight a couple of times a month....it has not been a big enough problem yet to fine them for a violation.

Hope this helps,
Jonnie
LarieG
Posts: 4
Posted:
Thank you Jonnie.

Larie G
LoriC3 (Mississippi)
Posts: 1
Posted:
do you have hoa insurance on the roads
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Lori: what type of insurance for private roads would you be referring to? If you are asking about repair/maintenance for private roads, this funding would come from your Capital Appropriation Fund for long term expenses. Your covenant docs should refer to this fund as part of your common assessment fees contributed by each member.
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By ToriaM on 01/23/2006 8:14 AM
Larie, the by-laws of my HOA state that no commercial vehicles are allowed. There was a homeowner who drove limos as a part-time job and would park the limo around the street from his home. We advised him of the by-law violation.

Unfortunately, we don't have private roads in our community so I cannot address that.

It would not typically be the by-laws, they specify elections, formation of the board, etc. The Covenants, Conditions and Restrictions (CC&Rs) dictate use of properties, parking, etc.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By n/a on 01/16/2006 9:44 AM
What is the basic rule on parking commercial vehicles within a HOA community?

LG

There is no "basic rule", any restrictions are in the documents specific to your association (Covenants, Conditions and Restrictions). They can vary widely. You should have received these when you purchased your property or before you made an offer if you asked for them.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By n/a on 01/23/2006 8:24 AM
Thanks. Are you allowed to keep one in your garage?

Again, it's in the CC&Rs but usually anything that fits in the garage (with the door closed) is permitted.

Ron
SC
CherylH2 (Nevada)
Posts: 3
Posted:
Our Association CC&Rs prohibited "trucks" from being parked on driveways, but there was an uproar when our MC drafted a violation letter to several homeowners who parked their pickup trucks (personal vehicle) on their driveway. Then, we clarified this in our Rules & Regulations to say "commercial trucks", and asked our MC to sent a violation letter to a professional mason who parked the flatbed truck he uses in his business in the driveway. The MC refused, saying there was no advertising on the door of the truck or any indication it was used for commercial purposes. Our state, Nevada, doesn't have commercial license plates as such so that isn't a way to make a determination.

Any ideas of how to better define a "commercial truck"? A cement mixer without a sign painted on its door would be considered a private vehicle by our MC!

Pros of a private road - we can close the gate and enjoy peace and quiet!

Cons - we have to pay to maintain the street.
Jadedone4 (Virginia)
Posts: 495
Posted:
Question is for information purpose only, as a new President, one of our "hot button" issues will be parking, and commercial trucks will come up.

What is the issue with parking commercial vehicles in driveways (not common, guest or otherwise parking)? I fully understand this as it relates to emergency vehicles having access to the full community (which does beg the question of a Hummer versus a pick-up with ladders). Is there really a negative with property values when there are commercial vehicles in a community?

As I stated, not on either side right now on this issue - but will need to take a position soon as this is a problem in my community.

Thx..
KimberlyS2 (Georgia)
Posts: 32
Posted:
This is an issue in my community also but, if its a van or pickup and its being used for the individuals employment, I think it needs to be discussed more. because a pickup and a van is no different then someones personal pickup or an SUV without the company name. Or possible limit to weekdays and they can't bring it home for weekends. But if they have their own business it may be another issue because its their lively hood.

GloriaM (North Carolina)
Posts: 829
Posted:
Private road benefits; the HOA can tow, make rules of no parking on the streets, speed limits can be less then a public street (example; the town only allows 25MPH, on a private street you could post 15 MPH)if they are private the HOA rules apply. However you could not enforce by calling the police.

Cons - you have to fix the roadways.

Public - the town takes care of pot holes, snow plowing and the HOA has to abide by their ordiances of onstreet parking, commercial vehicles etc.
The police can ticket Owners.
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By CherylH2 on 05/01/2007 11:52 AM
Our Association CC&Rs prohibited "trucks" from being parked on driveways, but there was an uproar when our MC drafted a violation letter to several homeowners who parked their pickup trucks (personal vehicle) on their driveway. Then, we clarified this in our Rules & Regulations to say "commercial trucks", and asked our MC to sent a violation letter to a professional mason who parked the flatbed truck he uses in his business in the driveway. The MC refused, saying there was no advertising on the door of the truck or any indication it was used for commercial purposes. Our state, Nevada, doesn't have commercial license plates as such so that isn't a way to make a determination.

Any ideas of how to better define a "commercial truck"? A cement mixer without a sign painted on its door would be considered a private vehicle by our MC!

Pros of a private road - we can close the gate and enjoy peace and quiet!

Cons - we have to pay to maintain the street.

First, the MC works for you (assuming that you are on the BOD), not the other way around so tell, don't ask, them to send the letter.

As for a better way to define "commercial truck", many association documents put weight restrictions on vehicles that can be parked in view. 1/2 ton, 3/4 ton, etc. Others require the beds of pickup trucks (and that could include the flatbed truck) to be covered (not with a tarp but with a fitted fabric, metal, or fiberglass cover. Another way to identify commercial vehicles is by including wording pertaining to fixtures such as ladder racks and tool boxes.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By Jadedone4 on 05/01/2007 3:39 PM
............. What is the issue with parking commercial vehicles in driveways (not common, guest or otherwise parking)? I fully understand this as it relates to emergency vehicles having access to the full community (which does beg the question of a Hummer versus a pick-up with ladders). Is there really a negative with property values when there are commercial vehicles in a community? ................................

I believe it depends on the community. If we're talking about a community where many of the residents are trades people, factory workers, etc. then it probably has little effect. If the community is positioned as a "high end" or exclusive community, then commercial vehicles parked in view would be considered out of place and property values as well as the "quality of life" of the homeowners might be reduced. As in one of the other posts, how would you like to look at a dirty, dusty flatbed truck parked next to your house every day?

When commercial vehicles are permitted, then it becomes very difficult to regulate them except for weight limits and or advertising. Most of us keep our personal vehicles (including pickups) pretty clean and repaired. Work trucks on the other hand, are often dirty, banged up, and filled with tools or junk.

A trend among new developments is to build garages and prohibit all street or driveway parking. This solves the problems of commercial vehicles easily and with no arguments or discussion. Vehicles must be kept in the garage with the door closed. If it doesn't fit, it can't be parked there.

Ron
SC
MaureenM1 (PA)
Posts: 344
Posted:
Our development addresses commercial vehicles in our CCRs however we have a homeowner who rents his unit and the person has a commerical van with advertising on the the sides and ladders on top. Our MC has sent several letters to the homeowner which have been ignored and the latest letter copied the tenant who continues to park the vehilce in the common parking area instead of the garage where it is suppose to be parked.

The homeowner is being fined per our fine schedule. I am the president of the HOA and our MC is asking ME what he should do.

Any suggestions would be helpful.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Maureen,

This thread is 6 years old (started in 2006).

It's typically best not to reactivate old threads as laws change and what may have been good advice in 2006 could be bad advice in 2012.

It would be best if you started a new thread.
MaureenM1 (PA)
Posts: 344
Posted:
I have been told by others on this site that before I start a new post to check the old posts and NOT start a new post on a particular subject. That is why I posted to this particular post.
PaulT6 (California)
Posts: 409
Posted:
Quote:
Posted By MaureenM1 on 12/09/2012 7:06 AM
Our development addresses commercial vehicles in our CCRs however we have a homeowner who rents his unit and the person has a commercial van with advertising on the the sides and ladders on top. Our MC has sent several letters to the homeowner which have been ignored and the latest letter copied the tenant who continues to park the vehilce in the common parking area instead of the garage where it is suppose to be parked.

The homeowner is being fined per our fine schedule. I am the president of the HOA and our MC is asking ME what he should do.

Any suggestions would be helpful.

I don't know specifically what your CC&R's say but it sounds like there may be some restrictions related to the parking of commercial vehicles. It appears he can park it in the garage, if it fits, with no problem? Suggest you follow your CC&R's to the letter and fine appropriately. We can no longer lien for unpaid fines so the only down side for a violator is suspension of amenity privileges, not being able to vote or run for office, big deal. Most of our landlords are absentee so, for the most part, our fine process is worthless. If he parks it on the city owned streets, the city may have restrictions. If you own the streets the city may still have some code restrictions?

Paul T

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