Resident's work vehicle

Started by CatherineS3 • 6 replies • 1559 views

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CatherineS3 (North Carolina)
Posts: 31

Posted:

Can the HOA restrict a resident from parking his work vehicle in his own driveway. The work vehicle with a ladder attached to the outside is resident's transportation to and from job sites. It will also be parked at the home on weekends.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

Depending on your actual Covenant(s) - probably yes.
Many HOAs have restrictions on the parking of 'commercial vehicles'.
These restrictions may be actual Covenant restrictions - enforceable
or
BOD rules - arguable.

however

Why would the HOA want to make someone unemployed and unable to pay their assessment?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My last HOA had restrictions on such because each home at at least a two car garage. No commercial vehicles were allowed to park overnight. I felt this was fair.

In my present HOA not all homes have a garage thus no restrictions. I feel restrictions would not be fair.

Different situations, different answers.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

Not a question of 'fairness', nor of opinion.

Merely an issue of:

Are there restrictions in the Covenants ?

The majority of HOAs have COVENANT restrictions barring commercial vehicle parking.

Very little thinking / a fair amount of reading required.

JonD1
Posts: 2,350

Posted:

As long as your documents contain such restrictions and you have a board willing to enforce them YES you can restrict commercial vehicles.

That would be part of the board's responsibilities to enforce such documents and their contents.

LauraR5 (Tennessee)
Posts: 220

Posted:

I know that our CCRs limit commercial vehicles. I, however, realize that folks have to work to earn a living and as long as it's not an industrial vehicle that is too large/heavy for our parking spaces I don't care if it has a company logo on it. However, enforcement has been willy-nilly here in the past, like them telling a former board member that his comcast pick-up had to go, but issuing a parking pass to a homeowner who parked an actual trash truck in his cul de sac.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By CatherineS3 on 03/30/2015 6:42 AM
Can the HOA restrict a resident from parking his work vehicle in his own driveway. The work vehicle with a ladder attached to the outside is resident's transportation to and from job sites. It will also be parked at the home on weekends.

If your CCRs have restrictions regarding commercial vehicles, most likely your board has no authority to ignore those restrictions or to override them.

The solution: Change the CCRs according to the provisions and procedures allowed in that document.

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