Commercial Vehicles

The bigger question is how do homeowners get rid of the busybodies who mind everyone's business but their own?

You indicated that you and your fellow busybodies are trying to impose a revisionist after-the-fact definition of commercial vehicles not found in your covenants. You are not trying to enforce the deed restrictions, you are trying to add new deed restrictions that will fit with your narrow-minded view of how the world should work and then trying to cram those restrictions down the throats of those owners unfortunate enough to be your neighbors.

I live in a community with deed restrictions but no HOA. We have no nonsense about commercial vehicles in our restrictions. Restrictions on the other two pecksniff magnets, fences and sheds, are also notably absent. Without an HOA, if someone wants to enforce the covenants they are welcome to seek injunctive relief in the courts on their own dime. Funny, when people have to spend their own money instead of someone else's they find it easy to just get along with each other. Try it.

The going definition for governments are those that are built for commercial use. typically they have a commercial license plate and/or exceed a certain weight.

The going definition for Associations vary between the government definition and what you are looking for. It depends on the Association and the common sense of the area (that is, are there places for individuals to park those vesicles you don't want to see)?


They actually never eliminate them.
Those that have the broader definition typically are having to enforce the covenant all the time and the vehicles are just moved to the public street entrance (which makes the entrance look like the highway with all the billboards).

Sorry - but no commercial vehicles is actually stated in our deed restrictions. Glad you don't live in my neighborhood.

Just as our board can't come up with a definition that everyone agrees with, I kinda expected the same here. What I was looking for was a bit of an idea as to how other HOA's were handling the issue. It's hard to get the board members to understand that the definition is what the board says it is (within reason) subject to change by the next board. Ultimately it is going to go to the attorneys for the HOA. If we have to pay for the opinion, we will probably use it.

We have a 6,400 property Assn, mostly single family homes with public streets. Our original C&R's stated "nothing larger than a one-ton pickup truck" which was kind of vague. Basically, what we have now is: any vehicle with dual rear wheels or more than two axles, used for business purposes, that being used in connection of generating revenues. Long story short, here is what we have now:

"Commercial Vehicles. No commercial vehicle used for business purposes that is equipped with more than one (1) rear axle and/or two (2) rear wheels shall be parked on any property unless the vehicle is parked within a fully enclosed garage or carport, or is screened from view using an ASC approved method.

For the purpose of this section, a commercial vehicle used for business purposes is described as:

A full sized pickup truck or larger truck or van, or box van type vehicle equipped with dual rear wheels or more than two axles and any of the following: a flat bed, a utility bed, or permanently affixed commercial advertising.

Specifically exempt from this regulation are:

Trucks of any size or configuration that are parked on a property for use related to an open Architectural Standards Office issued construction permit and/or Town of Truckee building permit.

Service company vehicles present for emergency home or vehicle repairs.

Pickup trucks and vans used for business purposes and designated by the manufacturer as full size, mid-size or compact, that do not have dual rear wheels, regardless of other body configuration or permanently affixed advertising.

A commercially licensed pickup truck of any size, equipped with a standard pickup bed, and is used as a private vehicle, not for business purposes. A private use pickup truck may have dual wheels as required for recreational uses."

The Town has similar restrictions.

Paul T

In Florida, we had an issue with police vehicles being parked in driveways. According to the definitions, any vehicle with writing on the sides was considered commercial. The Florida AG finally issued an opinion that a marked police vehicle is not a commercial vehicle and is therefore excluded. We also played the game with magnetic signs that would be removed when in the driveway, and car covers to cover signage, but they still had to be driven to the residence. Then we dealt with vehicles with dual rear tires owned for personal use with no writing,then visible toolboxes in truck beds! So much minutia!! So the Board banned commercial vehicles with writing on weekends and holidays and guess what? Mothers day was on a Sunday and none of the flower delivery vehicles were allowed in! What ever happened to live and let live?

Posted By JoanneB2

Banning delivery trucks is a far stretch.

I agree. They shot themslves in the foot...and they deserved it......LOL

If you want to live in a neighborhood where you can park your business vehicle, boat, motor home, etc. then do so - just don't make it a deed restricted community.

I agree. Go live elsewhere.

Part of our problem is lack of enforcement. The past few years it's been very selective and missing most of the time. It's hard to get new members on the board and expect the community to begin following the rules immediately. There was a lawsuit last year because of that. However, the President is a hold-over from the previous board and has been a little slow to jump on board with enforcement. He is coming around because the male members of the board are insisting on enforcement. It's a slow process and in order to get rid of what you don't want, you do have to suffer some collateral damage.

Larry has good points regarding the difficulty of enforcing such a ban.

I think that trying to self-define what constitutes a "commercial vehicle" is a recipe for HOA disaster. In the event where something is vague like that, I believe the best option is to look at the next higher governmental organization and see what THEY say; Township/City/County or whatever it is. Do THEY have the definition that you're looking for, even if it doesn't meet what you might want the definition to be?

Agree, pretty hard, and risky, to just "make it up as you go along". Suggest you create a supplemental rule, approved by your Board, and in writing, to be as specific as you can. If your Town's codes meet, or are close to what you want to do, that is about as good as it gets.

If, and when, you get the written rule, publicize it thoroughly to your members and enforce it. Unusual situations, like a semi-tractor tractor used ONLY for pulling a large travel trailer can be reviewed on an individual case basis. Some states require signage stating "Not for hire" be permanently painted on the tractor if they are to be used for NON BUSINESS, (generating revenue) purposes.

Paul T