HOA's and Commerical Vehicles

I expect that when you used the word "laws" in this sentence that you were actually referring to CC&Rs or Association Rules/Regs.

An Association can typically define what is considered a "commercial vehicle" for it's Association. This authority, of course, would be determined by the governing documents. therefore, check to see exactly what all of your governing documents specify about commercial vehicles or parking restrictions.

Our Association has the following language:

In the CC&Rs:

No trucks (pick-up trucks, vans and blazer-type trucks free from a commercial license plate are excepted), trailers of any kind, boats, buses, commercial vehicles of any kind, abandoned or junk vehicles, or any vehicle which does not have a current license placed displayed thereon, or vehicle used for storage of unsightly or hazardous materials such as construction debris, oil drums, motor fuel, wheelbarrows, etc. shall be permitted to be kept parked overnight on the individual Lots, parking areas, or within the subdivision Common Areas or streets except in areas that may be designated by the Association for such parking. Vehicles which could be classified as campers (i.e., containing sleeping and/or eating facilities) cannot exceed 19 feet by 6 feet 6 inches by 9 feet 10 inches in size. Vehicles which exceed this size shall not be parked in the subdivision.

In our Resolution about vehicle restrictions:

1. The types of vehicles listed in subsections (a) through (i) below may not be parked or stored in open view on residential lots, common area parking spaces, or on common area open space or public rights of way within the boundaries of the [Association] community, except in such areas, if any, designated for such purpose by the Board of Directors:

a. Any boat or boat trailer;
b. Any motor home or self contained camper; however, any vehicle of this nature cannot exceed nineteen feet by six feet six inches by nine feet nine inches in size cannot be parked in the subdivision at any time;
c. Any camper slip on where the back of the camper is higher than the roof line of the cab of the truck;
d. Any mobile home, trailer or fifth wheel vehicle;
e. Any pop up camp/tent trailer or, similar recreation oriented portable vehicle or transportable facility or conveyance;
f. Any other vehicle not defined above which is not normally or regularly used for daily transportation, including dune buggies, non operational automobile collections or other automotive equipment not licensed for use on the highways of Virginia;
g. Any vehicle defined as a commercial vehicle by the code of Virginia.
h. Any vehicle with commercial signs, advertising or visible commercial equipment;
i. Private or public school or church buses.


Per AN INFORMATIONAL HANDOUT, The Colorado statute which deals with minimum standards for commercial vehicles is §42-4-235 C.R.S.

Per §42-4-235 C.R.S., available via LexisNexis, the inimum standards for commercial vehicles are:

(1) As used in this section, unless the context otherwise requires:

(a) "Commercial vehicle" means:

(I) Any self-propelled or towed vehicle bearing an apportioned plate or having a manufacturer's gross vehicle weight rating or gross combination rating of ten thousand one pounds or more, which vehicle is used in commerce on the public highways of this state or is designed to transport sixteen or more passengers, including the driver, unless such vehicle is a school bus regulated pursuant to section 42-4-1904 or any vehicle that does not have a gross vehicle weight rating of twenty-six thousand one or more pounds and that is owned or operated by a school district so long as such school district does not receive remuneration for the use of such vehicle, not including reimbursement for the use of such vehicle;

(II) Any motor vehicle designed or equipped to transport other motor vehicles from place to place by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on the public highways of this state; and

(III) A motor vehicle that is used on the public highways and transports materials determined by the secretary of transportation to be hazardous under 49 U.S.C. sec. 5103 in such quantities as to require placarding under 49 CFR parts 172 and 173.

(b) Repealed.

(c) "Motor carrier" means every person, lessee, receiver, or trustee appointed by any court whatsoever owning, controlling, operating, or managing any commercial vehicle as defined in paragraph (a) of this subsection (1).

(2) (a) No person shall operate a commercial vehicle, as defined in subsection (1) of this section, on any public highway of this state unless such vehicle is in compliance with the rules adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this section. Any person who violates the rules, including any intrastate motor carrier, shall be subject to the civil penalties authorized pursuant to 49 CFR part 386, subpart G, as such subpart existed on October 1, 2001. Persons who utilize an independent contractor shall not be liable for penalties imposed on the independent contractor for equipment, acts, and omissions within the independent contractor's control or supervision. All civil penalties collected pursuant to this article by a state agency or by a court shall be transmitted to the state treasurer, who shall credit them to the highway users tax fund created in section 43-4-201, C.R.S., for allocation and expenditure as specified in section 43-4-205 (5.5) (a), C.R.S.

(b) Notwithstanding paragraph (a) of this subsection (2):

(I) Intrastate motor carriers shall not be subject to any provisions in 49 CFR, part 386, subpart G that relate the amount of a penalty to a violator's ability to pay, and such penalties shall be based upon the nature and gravity of the violation, the degree of culpability, and such other matters as justice and public safety may require;

(II) When determining the assessment of a civil penalty for safety violations, the period of a motor carrier's safety compliance history that a compliance review officer may consider shall not exceed three years;

(III) The intrastate operation of implements of husbandry shall not be subject to the civil penalties provided in 49 CFR, part 386, subpart G. Nothing in this subsection (2) shall be construed to repeal, preempt, or negate any existing regulatory exemption for agricultural operations, intrastate farm vehicle drivers, intrastate vehicles or combinations of vehicles with a gross vehicle weight rating of not more than twenty-six thousand pounds that do not require a commercial driver's license to operate, or any successor or analogous agricultural exemptions, whether based on federal or state law.

(IV) This section does not apply to a motor vehicle or motor vehicle and trailer combination:

(A) With a gross vehicle weight, gross vehicle weight rating, or gross combination rating of less than twenty-six thousand one pounds;

(B) Not operated in interstate commerce;

(C) Not transporting hazardous materials requiring placarding;

(D) Not transporting either sixteen or more passengers including the driver or eight or more passengers for compensation; and

(E) If the motor vehicle or combination is being used solely for agricultural purposes.

(c) The Colorado state patrol shall have exclusive enforcement authority to conduct safety compliance reviews, as defined in 49 CFR 385.3, as such section existed on October 1, 2001, and to impose civil penalties pursuant to such reviews. Nothing in this paragraph (c) shall expand or limit the ability of local governments to conduct roadside safety inspections.

(d) (I) Upon notice from the Colorado state patrol, the department shall, pursuant to section 42-3-120, cancel the registration of a motor carrier who fails to pay in full a civil penalty imposed pursuant to this subsection (2) within thirty days after notification of the penalty.

(II) Repealed.

(3) Any motor carrier operating a commercial vehicle within Colorado must declare knowledge of the rules adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this section. The declaration of knowledge shall be in writing on a form provided by the Colorado state patrol. The form must be signed and returned by a motor carrier according to rules adopted by the chief.

(4) (a) The chief of the Colorado state patrol shall adopt rules for the operation of all commercial vehicles. In adopting the rules, the chief shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, notification and reporting of accidents, hours of service of drivers, inspection, repair and maintenance of motor vehicles, financial responsibility, insurance, and employee safety and health standards; except that rules regarding financial responsibility and insurance do not apply to a commercial vehicle as defined in subsection (1) of this section that is also subject to regulation by the public utilities commission under article 10.1 of title 40, C.R.S. On and after September 1, 2003, all commercial vehicle safety inspections conducted to determine compliance with rules promulgated by the chief pursuant to this paragraph (a) shall be performed by an enforcement official, as defined in section 42-20-103 (2), who has been certified by the commercial vehicle safety alliance, or any successor organization thereto, to perform level I inspections.

(b) The Colorado public utilities commission may enforce safety rules of the chief of the Colorado state patrol governing commercial vehicles described in subparagraphs (I) and (II) of paragraph (a) of subsection (1) of this section pursuant to his or her authority to regulate motor carriers as defined in section 40-10.1-101, C.R.S., including the issuance of civil penalties for violations of the rules as provided in section 40-7-113, C.R.S.

(5) Any person who violates a rule promulgated by the chief of the Colorado state patrol pursuant to this section or fails to comply with subsection (3) of this section commits a class 2 misdemeanor traffic offense.

Richard,

This issue comes up from time to time on this forum and the problem is almost always that the covenants refer to "commercial vehicles" without defining just what constitutes one. Your state statutes may have a definition of such but it may differ markedly from the federal standards. There is no universally accepted definition.

In Arizona a van with windows is considered a passenger car yet I saw just such a van full of passengers with Ohio truck plates. So that little Astro Van is a passenger car if licensed in one state but a commercial vehicle if licensed in another.

There have been threads on this site where people have insisted that a passenger car with a sign on it is a commercial vehicle.

Colorado courts have already ruled that for a covenant to be enforceable, it must be unambiguous and not open to multiple interpretations. See Allen v. Reed at http://caselaw.findlaw.com/co-court-of-appeals/1464443.html

Unless your members are willing to amend your declaration to unequivocally define a commercial vehicle, my advice would be to forget about trying to enforce your restriction.

Richard

One can try and define a commercial vehicle by what the state commercial motor vehicle registration laws are. This will get you part way there.

Then comes the tricky part. Some examples that have been discussed:

1. Identical Ford F-150 pickups. One plain, the other festooned with racks, ladders, etc.

2. Identical VW Beetles. One plain, the other wrapped in advertisement.

3. Identical mini-vans. One plain, the other has signs on it saying Airport Shuttle.

4. Identical Ford Explorers. One plain, the other has a sign on the back window saying So and So. So and So Real Estate Company. 800-our-home.

In one HOA I was a member of, all of the above were considered commercial vehicles and could not be parked overnight in ones driveway and there was no overnight street parking. This was all well and fine as each home had at least a two car garage and the above vehicles could be parked in one's garage.

If no garages, then it gets real tricky.

Your information is well taken, and what you have expressed is some of the major problems I
have now and needed to contend with. Also the undermining of some of the decisions I made.
Case and Point. We have three panel trucks that are used for commercial use. I was told by the
management company to have the one with advertising on it towed. Now all three are of the
same size and weight (GVWR) but one had ladders, NOW the MANAGE CO. call them and
said if they remove the two ladders they would not be towed. ( ?????) It’s like taking the ladders
of a fire truck and calling it a ambulance. Fact of the matter is, we have no consistency what so
ever on parking, it’s no wonder they asked me to do the job. They wanted a fall guy, the only
problem is that I have worked in the trucking ( heavy ) industry for 35 years and after
investigating the parking and the association, and with the help of the information source as I
have with you and the others, ( that was a big help). I realize it was a greater problem then first
thought. I will address it in a faction I think will work. Face to Face with our management Co.
and inform the board of my findings. We have much more of a problem then the parking but I
wish to address the subject and start with that in a lawful understanding of the problem. I will do so with the information I have received, it was food for thought. Fairness, equality and some type of conformity that has to this time not been available
Thanks.
Richard.

Richard,

This was my thought, as well. If the board has asked you to investigate and advise them then your management company should not be threatening your members with half-assed enforcement efforts at this time. Right now, you have a bus with two steering wheels and each driver (you and the management company) are trying to go in different directions.

If the management company insists on acting independently of the board, then you should request that the agenda for the next board meeting include the topics of terminating the current contract and finding another management company.

Brian,
What you have just stated if very true. With today methods of
transportation and how vehicles are use what constitutes a commercial
vehicle?? The word commercial is so vague and obscure in definition of
a vehicle, how can one tell?? Can we only use GVWR ???, No that
will not work, Size and construction of vehicle? Well that can help but
still not the answer, and how about, -- how it’s used?? If we combine
all the answers and stipulate which vehicles are authorized in our bylaws
and rules and what we will allow we may be close to the answer. In
saying that, have we completed our objective? Just not sure at this time.

That’s why I say and have said, the Management Company if qualified
should take this and find a solution and address the board on his or her
findings. It is a hard subject but must be addressed for the solitude of
the community.
Thanks you for your help.
Richard.

Not sure I can do this:

tatic.buildasign.com/cmsimages/carWraps-austin%20graphics.jpg?v=38497931416B47385A41593D

Take a look at this. I say this is a commercial vehicle.

John, can you explain what it is about that car that makes it a commercial vehicle in your mind/definition?

Because if you can, then you begin to define the set of vehicles/conditions that can be used for a definition.

Is it the color? Colors? Wording? Size of the letters? Is it because there is a web address?

I am not nor do I play a lawyer.

In my mind it is because of the "advertisement" on the vehicle. Even a simple door sign with a business name/address/phone is an advertisement.

Defining the type vehicle, colors, wording, wording size, etc. is what becomes subjective.

Had a go around about this in one association. Two identical, small vehicles. One had the simple word Xerox in red letters on each door. To me the word alone meant a commercial vehicle.

Where does one draw the line? The problem is defining between the vehicle wrap in the pic and the word Xerox on the door. Where does it cross the line? Make the line simple like any wording crosses the line. Some might say that is Draconian and while I agree it could be, it is simple enough for even the village idiot to understand.

My question now is, why does the word commercial show up in
associations rules and Regulation when it is so broad and deceptive that
in fact has no meaning when it comes to parking in a association.
Understanding the Board and the authority they possess it may well
come down to a picture gallery ( if possible ) of vehicles authorized to
park. Not fully versed on HOA’s and laws on parking, I would feel they
want conformity, simplicity, non-evasive vehicles. More to the point
no business vehicles, still what constitutes a business vehicle may in fact
be a disability type van, large family van. Can it be said only family
type vehicle???? but who will or who can establish that ruling. God
know, I would have no idea. Man in his great wisdom still has
problems. Our laws said, No VAN or 3/4 ton trucks. Yet I see Large
class 6 and 7 trucks parked in the area, Note: two association very close
together, -- work truck from a major satellite company and a P/U truck
with all the things a construction company needs and a GMC van used
for construction work, and yes the same make and model of truck with
windows that is a handicap vehicle. Looks like the Board will have its
work cut out for them. Still the assistance I have received from each
one of you I sincerely appreciate, we may not have all the answers but
we sure try. Good going people.
Thanks.
Richard.

Hello LarryB13
Good info, I have come to the conclusion the Rules and Regulation would best be served by an
attorney and not the Board, Most if not all have no idea of the complexity of such rulings. It
would appear to me that any attempt to establish HOA parking rules would best be served as I
said by an attorney. It's Total frustration for board members and I’m still not sure how a
management Company will handle the problems. Most of us want peace and conformity,
reasonable rules that will work and not hinder our neighbors. I’m not sure that can be done.
Thanks for the info, good reading and informative.
Richard.

Because 99% of all CC&R's are copied/boilerplate from other copies, which were copied from others, from way back when things were, perhaps, simpler.

That's why you will also find CC&R's that "prohibit the establishment or operation of a business from the home"... Likely because, 70 years ago, the idea that someone could run a million dollar a year business from a glorified television screen was impossible to comprehend. Business meant deliveries, vehicles, personal traffic, or perhaps chemicals wafting in the air (home based styling salons), etc.. No one could have imagined a twelve year old designing websites, or mining World of Warcraft magic items for sale, by sitting at a desk for 16 hours a day. Or someone with a small device in their garage producing 3d widgets out of plastic, quietly.

Perhaps, back then, commercial vehicles were easier to spot: they had to be licensed by the state as a commercial vehicle. People didn't put signs on their cars, heck, a lot of the CC&R rules may have been copied from before bumper stickers were common (they really didn't become common until the 50's, and didn't explode until the 70's). So the idea of wrapping an entire car with a thin film of mylar, brightly painted? Inconceivable.

Many HOA's seem to have rules that one may park a commercial vehicle in the driveway but it must go in the garage at night.

I do not understand the logic of this. If commercial vehicles are offensive, as some suggest, then what is the logic of allowing them to be in full view of everyone during the hours when most people are up and about but keeping them hidden from view at those times when no one is likely to see them anyway? The opposite policy would make more sense.

BTW, because I now collect Social Security I have a vested interest in keeping the rest of you on the job and paying for my benefits. I wish to do nothing to hinder people from earning a living and would never discourage anyone from parking his work vehicle in my neighborhood.

Thank you for a good line in the sand for a starting point!

I could ask on #1, does a bumper sticker count as signage? Or a license plate frame? Does a car cover, or complete paint job count as signage? What if I put a big #43 on my door, in homage to my favorite Nascar Driver? or a big KC Chiefs sticker or flag?

#2 is a good way to start defining.

#3 is pretty good, except for the ladder part. My truck sometimes carries a ladder in the bed too, does that make it commercial?

#4 Pretty good definition.

Thank you for taking the time to toss out some ideas. I think (with some areas to debate) you have a good start on how an HOA would go about defining a commercial vehicle.

And John, this is where I think drilling down and defining what is and isn't "commercial" is what boards should do, and state plainly. You started a good thing, I think all boards should do this, before they have troubles.

If a name, address, and website is commercial, fine. What about a name and address, but no website? Do you need all three? or just two out of three? What about just a name? Or, not even a name, but a logo? If I have a big stylized CBS eyeball, Nike Swoosh, is that okay? Can I have an Avon sticker? What about a Lowjack sticker? That's certainly an ad, but not all ads make a car a commercial vehicle, right?

Public safety vehicles can be exempted. Good rule/definition, for a variety of reasons. That would mean a Wildland Fire Fighter truck is acceptable too, right? With the toolboxes, racks, fire hoses, winches, etc.. And the DARE Drug car, with the crazy paint scheme. But the Union Pacific Railroad Fire Truck would not be acceptable, because it's private company safety, not public safety.

And honestly, if that's the very clearly defined, spelled out rule, I would be fine with it. You tell me the rules before I buy, and I agree, it's my bad for breaking them. If I don't agree with them, then I can go buy somewhere else.

i can't disagree with that. Unfortunately, lazy people pass down their problems to others to handle, leaving the mess for them.