Definition of Commercial vehicle

Hi-We have several residents who bring their work vans or pick-ups home from work, as well as a lot of homeowners who have put magnetic signs on the side of their personal vehicles.

Our By-laws state commercial vehicles, boats or trailers shall not be kept, stored or parked overnight, either on any street or nay lot, except within enclosed garages or the rear of a permanent dwelling which is enclosed with a solid wood or masonry fence.

So my question is: What constitutes a commercial vehicle?

Thanks,
Holly,
Vice President
Brandy Mill Subdivision
Myrtle Beach, SC

Oh my, Holly, you hit the hot button. There are numerous old postings on this subject within this website.

Our initial HOA docs defines a commercial vehicle as does the our local county which says that any vehicle is commercial if it has a carrying capacity of 1,500 lbs or more. It also said that it was commercial if it carried any kind of signage, advertising, ladder racks or visible commercial equipment. Like your docs, it's ok if the vehicle is kept within a closed garage.

We live in a townhome development with some non-garage and some garage homes. No one wants to look at the ladder racks nor due they wish to duck their heads when then walk down their lead sidewalk in order to avoid hitting the ladders on the overhead rack. In addition, the parking spaces were just never designed for large trucks (or humvees for that matter). If a truck parks in the visitor or reserved spaces, it's really tough to try to exit your car. Opps, there goes a few door dings.

We have the same issue in our neighborhood. No commercial vehicles allowed...but what is considered commercial? Some things are obvious (dump truck, landscaping truck with equipment, etc.). But a pick-up or car with a magnetic sign isn't considered a commercial vehicle by the state.

Guess it is something that you have to decide what is worth fighting for. The question to ask: does the vehicle being parked reduce property values or affect the overall appearance of the neighborhood? Do I want to live with someone parking a dump truck in their driveway? No, I don't as it probably affects the value of the neighborhood. Do I care if my neighbor's pick-up truck has a magnet on it that says "Joe's Print Shop"? No, because I don't feel it hurts the neighborhood.

We sent letters to those that are obvious...the dump truck, the trailer and the landscaping truck. We don't have too many vehicles with lettering and the few that do aren't really causing a problem.

We have had to create standards to enforce our Commercial Vehicle Standards. We also had to add Recreational Vehicles to the standards. Many people did not believe that quads and ATV's were not on the list.

Here is ours:

Commercial and Recreational Vehicle Standards 2/07

In accordance with ARTICLE IX Section 6 Parking the DRB has determined that ARTICLE XI Section 6 Parking (b) that no commercial or recreational vehicle shall be parked or stored for more than twenty-four (24) hours during any calendar month on any Lot (except in an enclosed garage) unless approved by the DRB.

Furthermore we conclude this provision shall apply to but not be limited to any boat, camper, trailer, van other than passenger van and to also add to the commercial and recreational vehicle list the following: any bus, step van, utility trailer, truck tractor, tow truck or wrecker, tractor trailer, limousine, any agricultural, construction or industrial equipment, all terrain vehicles (ATVs), quads or any off road vehicle, any vehicle (including a pickup truck with an altered or removed cargo box) designed for transporting people goods, or things for profit, any truck with visible work racks or visible work related equipment, supplies or debris, any truck over ¾ (three quarters) of a ton, or any vehicle displaying commercial lettering.

Pickup trucks or fans that are deemed commercial vehicles solely because they display commercial lettering and fall into no other commercial vehicle category previously mentioned, may be permitted to park on the driveway of a Lot if all lettering is covered and no longer visible. All other vehicles previously noted are not permitted even when lettering is covered.

Commercial lettering can be covered with removable white magnets and/or car covers. All covers are to be weatherproof, clean and neat and subject to approval by the DRB. Law enforcement vehicles-including sheriff and police cars-are not considered to be commercial vehicles.

The DRB may approve temporary parking of a commercial vehicle as deemed appropriate or necessary.

Good luck!

You might also want to survey the parking spaces and verify the widths. It seems that parking spaces are various widths and there isn't a real tight standard. Our visitor spaces seem to be very small, so if you were to park a row of 3/4 trucks and vans in our spaces; I would say, good luck trying to open your door far enough to gain access to the vehicle without dinging the heck out of the adjacent vehicle. If we allowed 3/4 ton trucks, humvees, and vans in the open visitor spaces, it would be disasterous. It might be prudent to look at your spaces and check the widths. They are not all the same.