Landlords Ignoring Violation Letter

Before an Association can tow vehicles from common areas they must comply with your county/city towing ordinances. This typically requires specific signage of a specific size, font and in specific locations. If your enforce towing on one violator you need to enforce towing on all violators.

If the vehicle is parked in the driveway (vs. the roads), then I'm not positive that the Association has the authority to tow as the driveway would be private property.

I would suggest more research and perhaps legal advice prior to towing. Otherwise, the Association may end up paying for the tow, storage and any damages.

Our bylaws specify the following:

NO commercial vehicle, recreational vehicle, mobile home or similar types of vehicles no any unlicensed vehicle shall be stored at the Condominium other than within a garage with a door capable of closing when item is in garage

Automobiles may be parked only in the areas provided for the purpose. NO parking area or common elements shall be used for parking, storage or repair of :
1. Boats and/or trailers
2. House Trailers or Campers
3. Trucks or commercial vehicles

This is not in our bylaws but the Wikepedia definiton of a commercial vehicle is as follows:

A vehicle may be considered a commercial vehicle if:
• the title was placed in the name of a company or corporation.
• The vehicle is used for business but is in an individual's name such as a sole proprietor.
• the vehicle is a leased vehicle and in the name of the financial institution that owns it.
• the vehicle exceeds a certain weight or class and therefore is "classified" as commercial even though it may not be commercially used or commercially owned. A weight rating of 26,001 pounds or more is always consider commercial.[2]
• the vehicle is used to haul any hazardous material.

PA state definition refers to CDL vehicles as in trucks, buses ,etc.

Problem Number One: Your declaration is the restriction on what can be done on the property. Your bylaws are internal documents as to how your association works, e.g. election of board members. Bylaws are not a substitute for property covenants and any attempt to enforce bylaws pretending to be covenants is doomed to fail.


Problem Number Two: Vague language subject to many different interpretations. How do you intend to convince the judge that your interpretation is the one and only possible answer?

Everyone has their own definition of commercial vehicle including the Feds, the state, our county, the Division of Motor Vehicles and all these government agencies have different classifications, definations and different reasons for defining a vehicle as commercial. The following was added to our docs in our parking resolution and I think that it's the best definination that I've seen.

"Commercial Vehicles. Parking of commercial vehicles in open view within the community is not allowed. A commercial vehicle is defined as any vehicle that (i) bears any visible commercial advertising signs, names logos, dealer tags (not license tag holders), letterings or initials (not including bumper stickers or similar sized stickers); or (ii) is used, or intended for use, as a car for hire or a work vehicle, which may be evidenced by open carriage of pipes, lumber or other work-related construction, equipment, machinery, materials or ladders, including but not limited to ladder racks, pipe racks, tools or other equipment; or (iii) vehicles designed or intended for use as commercial buses, cargo vans, express vans, delivery vans, flatbeds or trucks used for any other purpose other than for private/consumer use. Advertising is defined to include, but not be limited to the display of a company name and/or product name and telephone number and/or email address."

..and no it does not include the small dealer stickers where the vehicle was purchased.

thanks to all for all your advice. It has been very helpful.