What Would You Do?

Started by CyrstalB • 7 replies • 1857 views

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CyrstalB (Maryland)
Posts: 457

Posted:

This is an interesting topic for discussion, if you sat on the board, what would you choose to do?

http://www.nbcwashington.com/news/local/Northern-Va-HOA-Protests-Mans-Patriotic-Van-Wreaths-Across-America-291588161.html

TimB4 (Tennessee)
Posts: 21,059

Posted:

I read that story.

As we all know, Assocaitions typically clarify what is considered a commercial vehicle. Typically, such clarification specifies advertising of a business. Expecting that that Association has the typical language, the issue really seems to be that he has "Wreaths Across America" written on the rear of the Van (perhaps in other locations as well). That is likely the basis for his Association to declare that the van is a commercial vehicle. The story never said what the basis was, so we are left to guess.

This is another one of those tough situations where the Association simply can't win. Since an argument can be made that such language makes the van (especially since the individual participates with the organization) a commercial vehicle, the Association can't really give a waiver. Otherwise, what about the real estate agent or other vehicles that have similar language on their vehicles.

It seems that they came to a compromise utilizing the tarp.

Personally, I don't have an issue with van. As a Board member, I would argue that the signage section (rear doors) need to be covered or redone in order for the van to park there. That or the Association reclarify what a commercial vehicle is.

SheliaH (Indiana)
Posts: 6,964

Posted:

I have no issue with the man's intent to honor veterans, but the way the van is decorated, it DOES look a lot like a commercial van. It would have been better if he'd taken his design to the board first, told them what he wanted to do and then they could have modified the design a bit. He could have gotten approval in writing and that would be that - if the HOA tried to renege, he'd have a stronger case.
Since the HOA said the man had a right to appeal, why didn't he just do that instead of running to the media?

I have complete respect for the military (my father served in World War 2 and my nephew is now halfway through week 4 of boot camp with the Marines), but I've noticed that every time there's a story about a veteran fighting a HOA over a flag or something, you never hear any mention of these folks going to the Board first or reviewing their documents to see what is or isn't allowed. It's as if they think "well I'm a veteran" or "I'm showing my patriotism" so these rules don't/shouldn't apply to me. I truly appreciate that they served, but they have to follow the rules like everyone else.

Yes, some HOA boards do go a little overboard on some things, but they have to enforce the CCRs and be consistent. Certainly, if the CCRs have to be tweaked because of unintended consequences (like this case?) there are ways to do that.

I would ask the man if he could modify the design somewhat, but I don't think I'd have him cover it with a tarp (that is a bit of overkill to me). I would also remind everyone of the rule and ask if people think the CCRs should be modified a bit to specify how far decorations on a van or truck can go before they are considered commercial. By discussing the issue and coming up with some alternative language, people can then vote to approve those amendments.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

AmandaR2 (South Carolina)
Posts: 566

Posted:

I would not have an issue with it nor do I believe the HOA where I reside now or my past HOAs in would make such an issue of this. It's a "tribute" van a dedication to real American heroes that defend us all. He's a volunteer dedicating his time to honoring veterans isn't that what should be more important here. This HOA needs to let it go, they are only contributing to the bad rep that Homeowners Associations already have in the eyes of many. IMO the solution that HOA came up with of placing a tarp over the van, would look much worse in the driveway than the tribute van.

LarryB13 (Arizona)
Posts: 4,099

Posted:

This issue almost always gets down to the fact that the CC&R's have a restriction against commercial vehicles without defining what one is.

There is universally recognized definition so each one of us gets to voice his opinion. In the end, however, my opinion about this van will not matter nor will John's, Tim's, Amanda's, Shelia, or Crystal's. The only opinion that will matter will be that of the judge who hears the case and he is most likely to rule that without a definition the term "commercial vehicle"is vague and unenforceable.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By LarryB13 on 02/12/2015 9:55 AM
This issue almost always gets down to the fact that the CC&R's have a restriction against commercial vehicles without defining what one is.

There is universally recognized definition so each one of us gets to voice his opinion. In the end, however, my opinion about this van will not matter nor will John's, Tim's, Amanda's, Shelia, or Crystal's. The only opinion that will matter will be that of the judge who hears the case and he is most likely to rule that without a definition the term "commercial vehicle"is vague and unenforceable.

There is the nail hit on the head ... While I personally would not consider commercial vehicle as does not represent any f"or profit" business. The question would be what would a court of law decide on the issue?

NicoleO1 (California)
Posts: 181

Posted:

Clearly written CCRs with what is considered a commercial vehicle needs to be in place. Otherwise, it's fine if it doesn't fall under that description.

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