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RonW7 (Ohio)
Posts: 122
Posted:
I'm back again with another request for advice, this time in regard to how to define a commercial vehicle so that we can keep them from being parked on common property. It will be tough to define, though, because every community has different preferences as to what vehicles they're willing to allow. Basically, I want moved to the garage or public street any vehicle that meets the following criteria:

- Any vehicle whose commission involves any degree of engagement in commerce which includes, but is not limited to, the following:
- The transport of tools, materials, or supplies which are used to provide services of any kind to a company or individual
- The delivery or pick-up of goods
- Any vehicle containing onboard/built-in devices or hardware that are designed to provide maintenance, installation, or repair services
- Any vehicle with a company logo or slogan permanently installed on any surface of said vehicle whether the logo or slogan is visible or obscured

After a single read, it appears ironclad, but I am no lawyer, so I am sure there are loopholes to be exploited. For example, what about real estate agents or pizza delivery drivers? What about commuting to an from work? That's all technically related to commerce since you really are providing a paid service to an employer, but we want to allow those types of vehicles. Anyone care to offer their advice, possibly even including your own CCR guidelines?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RonW7 on 08/28/2015 5:01 PM

- Any vehicle with a company logo or slogan permanently installed on any surface of said vehicle whether the logo or slogan is visible or obscured

So, if my logo is a magnetic sign (so it's not permanently installed), it's not considered commercial and the magnetic sign doesn't need to be removed (as you have no requirement for that)?

The other question is Why?

Why do you want those vehicles removed from view?

Oh, per your definition, emergency response vehicles (Sheriff or Police cars) would be prohibited from being parked within your community because the vehicles are used to provide a service and the logo is permanently installed.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Consider these issues:

Commercial Vehicles. If it Walks Like a Duck . . . which asks the questions:

Consider the following:

Is the Association trying to prohibit just large vehicles?
All vehicles with signage on the sides?
Certain types of vans with extended side panels?
Is it the use of the vehicle that is the issue?
Is it all of the above?

EADY: Parking restrictions must be clear

Enforcement of Parking Restrictions

[name] HOMEOWNERS ASSOCIATION, INC.
POLICY RESOLUTION No. 01-2005 PARKING


Oh, do you want to prevent parking of commercial vehicles or overnight (remember to define hours) of commercial vehicles?
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By RonW7 on 08/28/2015 5:01 PM
Any vehicle whose commission involves any degree of engagement in commerce which includes, but is not limited to, the following:


Neighbor A has a Ford F-150. It's his daily driver. He's retired. He takes his F-150 on fishing trips.

Neighbor B has a Ford F-150 too. She uses it to haul her tools, pick up and deliver materials to jobsites, etc.

Now here comes Ron telling Neighbor B that her F-150 is not allowed but Neighbor A's F-150 is allowed. Where do you think Neighbor B is going to tell Ron to go? And what do you think Neighbor A is going to tell Ron to do when he gets there?


Sikubali jukumu. Read all posts at your own risk.
RichardP13 (California)
Posts: 3,868
Posted:
As a leader in an association, my priority is making sure homeowners pay their assessments, for without the money, upkeep is impossible.

Every community is going to different, but the rules HAVE to be fair and reasonable. If the community is short on parking, then you handle as a parking issue, not getting rid of commercial vehicles.

Again, the rules you create have to be fair and reasonable and you have to be given the legal authority to create them.

Our military goes around the world to get rid of dictators, maybe we should be looking at home first.
RonW7 (Ohio)
Posts: 122
Posted:
Quote:
Posted By TimB4 on 8/28/2015 5:30:00 PM

[name] HOMEOWNERS ASSOCIATION, INC.
POLICY RESOLUTION No. 01-2005 PARKING


I LOVE this. Will respond to other posts later, but the wording here is absolutely brilliant and I will most likely adopt some of it for the changes I will propose to the board. Thanks.
BobD4 (up north)
Posts: 1,002
Posted:
Posted By TimB4 on 08/28/2015 5:30 PM
Consider these issues:

[name] HOMEOWNERS ASSOCIATION, INC.
POLICY RESOLUTION No. 01-2005 PARKING


6. No person shall operate a motorized vehicle in the Mason's Passage community without a proper operating license and required safety regulated equipment, such as a helmet.

( . . . 10 year old child strip-searched & handcuffed after test-firing motor of new go-kart ! . . )
TimB4 (Tennessee)
Posts: 21,059
Posted:
Bob,

It's not my Association. I found the policy while looking for the other resources and thought it would help Ron better define what he wanted to do.
BobD4 (up north)
Posts: 1,002
Posted:
It certainly sends a welcome message to Mason's Passage. Not the Free Masons by any chance passing by ?

( more : A. In General.

1. All Homeowners will be issued one Mason's Passage Guest Parking tag, not to exceed one per residence. The Mason's Passage Guest Parking tag must be made visible at all times, by hanging from rear view mirror or placed on dashboard, in any vehicle parked in a designated guest parking space.

Any previously issued Mason's Passage tag or sticker is not valid and can not be used in place of or in addition to the above mentioned Mason's Passage Guest Parking tag.

Replacement guest tags will be available at a cost of two-hundred fifty dollars ($250.00). )
BobD4 (up north)
Posts: 1,002
Posted:
In fairness to Mason's Passage folks, the Parking Policy is their choice. It lets residents know expectations.

Maybe such is the smartest choice for a high density urban neighbourhood. It sets the bar high if a consistent level of compliancing also gets applied. Mason Passage folks might hate living around here in low density with hot tubs and with tractors fired up regularly . . .
MaureenM1 (PA)
Posts: 344
Posted:
Our board recently went through this with a Mercedes Spitzer and a Chevy Road Trek (which looks like a conversion van). We had board members that wanted the Spitzer off property but were "OK" with the Chevy Road Trek. Per our declaration neither should have been on property. As the President I was not happy with "selective enforcement" so did my research and contacted the maker of the Road Trek directly and found out what a Road Trek is classfied as and what it would need to be registered as.

The bottom line. If a vehicle is required to be registered as a Commercial Vehicle with your State's DMV, it's a commercial vehicle. Period!!

Hope this helps.

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