PICKUP PARKING IN DRIVEWAY

Here is our bylaw for trucks in the driveway and would like to get everyone's opinion on what they think it says?

HOA thinks it's ok during the day to park a pickup but not at night.
My Pickup is a passenger plated vehicle.
One owner has his lettered pickup [Company owned] parked during the day in his driveway because he worked nights.

Bylaw
(k) No trucks of any kind shall be parked upon the premises hereby conveyed unless the same are necessary for and are being used in the construction. or repair of buildings on said premises or in the landscaping thereof and no trucks shall be parked thereon overnight, except within a
garage.

That wasn't the point.
President parked a pickup all day in the driveway and one other parked his company truck [lettered and plated commercial] and that was ok...not selective?

Tim’s right – you can have a half dozen people on this site agree with you regarding this Bylaw, but that means squat because we don’t live there. And since we don’t live there, we wouldn’t know the intent of this Bylaw – you’d have to go back to the developer to find out why that came about. The rule may have come about because some people may have thought pickup trucks take up too much room, look tacky or something else.

Bylaws and CCRs aren’t written in stone – what may have worked when the community was established may not be necessary or practical because owners may have changed as well as their lifestyle. That's why it's a good idea for the Board or an advisory committee take a look at them every 7-10 years or so.
There may be local state or federal law that has made the current documents obsolete or unenforceable in some areas, or the community has changed in several ways and there are new issues that aren't addressed at all.

This isn't just about the Board - HOAs are also a reflection of the people who live in them (including board members who are also homeowners, remember?) If you feel something needs to be changed, you’ll have to do as Tim suggested – rally together your neighbors to talk to the board about reviewing that rule. Bylaw amendments also require homeowner approval, so you’ll still have to bring in enough homeowners to get it done. The Board isn’t omnipotent – they’re homeowners just like you, meaning some are more aware of issues than others, and also understand that as community leaders they have to set an example.

Now regarding your board president and the other guy's truck - how many times did the president have his out? If this was a onetime thing, I don't see a problem, but if you think he’s taking advantage, you can attend a board meeting and point out some people seem to be flaunting the rule (you won’t have to call him out specifically, as he’ll quickly figure out you’re referring to him – what happens next, however, is between you two). As for the other guy, how do you know he didn’t go to the board and ask for(and get) an exemption because he uses the truck in his job?

So if you came to this site to rant about the rule, that’s ok, but if you want it changed, the only way it gets changed is if the HOMEOWNERS work with the board to change it or at least demand consistent and fair rule enforcement. In HOA land that’s the only way things change, so you’ll just have to decide what you’re willing to do – if the answer is nothing, learn to live with it or move.

My real question is: does it say no parking day and night or is it only at night you can't park in the driveway? Really wanted your thoughts on the meaning.

Well I tried talking in meetings about the others that parked in their driveway but they insisted it was only at night you couldn't and even had others say I was right but again only 9 homes and everyone hides, most don't care and the only reason this is even getting pushed is the President wants something against me for the lawsuit for the foundation. I can't do or have anyone do any work on HOA property it's in the bylaws and I've already said the Insurance company won't do anything, already asked.

Guy,

In my opinion, that passage says trucks are allowed during the day only if they are performing construction or repair work on the property that they are parked at.

Your Board chooses to interpret it differently.

In all honesty, the boards interpretation will stand until challenged in a court of law and a ruling from the court in what the passage says or until there is enough support to change the board and a new interpretation is made or until there is enough support to amend the document.

Thanks
That's my point and it's in a court of Law now! This is my point about the intent or interpretation of the bylaw that it's to vague which a court of law should see and make a ruling to that fact. But the other thing is that it cost all homeowners money because a board member or members thinks that the way they interpret it means there right. Isn't it the Fiduciary Duty for them to get a Professional opinion and get it in writing for the Homeowners to see and help clarify the bylaw? Again thanks for the input. Just trying to get Associations to open their eye's to see bylaws need to be updated all the time to be current and not cause all these problems in the Associations.

Keep in mind that the Court could rule many different ways:

A) The passage means that no trucks are allowed unless performing construction work.
B) The passage means that trucks, as defined by municipal code, are not allowed unless performing construction work.
C) The passage means no parking of trucks overnight.
D) The passage is unenforceable.
E) The passage is enforceable and everyone is in violation.
F) The passage is enforceable but until they enforce on all, they can enforce on none.
G) Go to mediation (translation - I've got more important things to do)
etc.
etc.

Not having heard the arguments, read the briefs, read your governing documents or have knowledge of applicable State statutes or applicable precedents, I'm simply not qualified to provide an informed opinion.

Personally, I'd send you to mediation.

Yes they say passenger plated vehicles are prohibited but only at night.

[truhk]
Spell Syllables
Examples Word Origin
See more synonyms on Thesaurus.com
noun
1.
any of various forms of vehicle for carrying goods and materials, usually consisting of a single self-propelled unit but also often composed of a trailer vehicle hauled by a tractor unit.
2.
any of various wheeled frames used for transporting heavy objects.
3.
Also called hand truck. a barrowlike frame with low wheels, a ledge at the bottom, and handles at the top, used to move heavy luggage, packages, cartons, etc.
Explore Dictionary.com

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4.
a low, rectangular frame on which heavy boxes, crates, trunks, etc., are moved; a dolly.
5.
a tiered framework on casters.
6.
a group of two or more pairs of wheels in one frame, for supporting one end of a railroad car, locomotive, etc.
7.
Movies. a dolly on which a camera is mounted.

verb (used with object)
11.
to transport by truck.
12.
to put on a truck.
13.
dolly (def 11).
verb (used without object)
14.
to convey articles or goods on a truck.
15.
to drive a truck.
16.
dolly (def 12).
adjective
17.
of, relating to, or for a truck or trucks:
a truck drive; truck tires.
Origin of truck1 Expand
1605-16151605-15; back formation from truckle wheel. See truckle2

Guy

You are spending to much time trying to convince posters when we have nothing to do with your association. I suggest waste less time on us and get to work changing your own docs.

I'm sorry that was Dictionary definition. They just say any trucks and only at night they can't park. Doesn't state Personal passenger plated pickups. Read last other post about what hey do.
Thanks

Yeah, this really comes down to what they define as a truck. Would an SUV built on a truck chassis count?

Before coming to this site, I didn't know HOAs restricting non-commercial pickups was even a thing. An HOA could NEVER get away with that here in the Upper Midwest; people here love their pickups way too much for that to fly.

This is already in court. Two board members out of the three decided to go to the Lawyer to write a letter to me to remove my pickup within 30 day's. So I asked for a hearing which was denied by the President because I had to contact the Lawyer which would have added more lawyer fee's. so they started a lawsuit against me [ which they didn't have a unanimous board vote because they didn't tell the one board member there was a vote, left her out] I have tried to get people to say something and a few have but the President doesn't care to hear it. We only have 9 units and no one really wants to do the job so this guy has control and has even threatened to quit to intimidate the Association. There was no citation, I never received anything from the board until I had damages to my unit which they are responsible for and that would be the letter from the lawyer.

Thanks

Missed part at the beginning. I think the president is wrong. No trucks that are not needed for work at the HOA.

Sorry just read this one and you got it.

We have nothing in our bylaws it goes to the state law. HERE IS STATE LAW...No written interpretation other than it a pickup truck. President had a pickup and parked it in the driveway almost everyday, now he has a subaru Forester SUV, Then the other guy parked his work van which was labeled with company name all day long everyday he worked at night, now he has a company ford escape again a SUV with all his tools in it. Both just got the new vehicles in the summer of 16.

(C)

(1) Prior to imposing a charge for damages or an enforcement assessment pursuant to division (B)(12) of this section, the board of directors shall give the unit owner a written notice that includes all of the following:

(a) A description of the property damage or violation;

(b) The amount of the proposed charge or assessment;

(c) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment;

(d) A statement setting forth the procedures to request a hearing pursuant to division (C)(2) of this section;

(e) A reasonable date by which the unit owner must cure the violation to avoid the proposed charge or assessment.

(2)

(a) To request a hearing, the owner shall deliver a written notice to the board of directors not later than the tenth day after receiving the notice required by division (C)(1) of this section. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board may immediately impose a charge for damages or an enforcement assessment pursuant to division (C) of this section.

(b) If a unit owner requests a hearing, at least seven days prior to the hearing the board of directors shall provide the unit owner with a written notice that includes the date, time, and location of the hearing.

(3) The board of directors shall not levy a charge or assessment before holding any hearing requested pursuant to division (C)(2) of this section.

(4) The unit owners, through the board of directors, may allow a reasonable time to cure a violation described in division (B)(12) of this section before imposing a charge or assessment.

(5) Within thirty days following a hearing at which the board of directors imposes a charge or assessment, the unit owners association shall deliver a written notice of the charge or assessment to the unit owner.

(6) Any written notice that division (C) of this section requires shall be delivered to the unit owner or any occupant of the unit by personal delivery, by certified mail, return receipt requested, or by regular mail.

Cite as R.C. § 5311.081

LOL ... are your streets public or privately owned?

My pickup is plated passenger vehicle not truck plates. So what is the definition of a truck? State says mine is a passenger vehicle. Can a car be a truck?

Hi...if you read a couple posts back you will see President had a pickup and parked almost everyday in the driveway..now he has a Subaru forester SUV. Guy across the street had a company labeled van that parked there everyday and he worked nights but now has a company ford escape loaded with tools and is a SUV and parks it during the day in the driveway.

USA Dept. of Transportation classifies it as a 'light truck'.

You, yourself, classify it as a truck.

The OP defined his vehicle as a truck.

Selective enforcement as a DEFENSE is an entirely different issue.

Thanks Everyone for all the replies.
Now let me through a monkey wrench in this. The Truck bylaw is only under the Common area rules not under the Limited common areas. We have a main driveway which every unit has their own driveway and unit driveway is a Limited common area. What do you guy's think?

yes, he was

the meter now reads 99.99999999

We have 9 units 5 on one side and four on the other side and a main driveway that divides the two sides. Then each unit has their own driveway to the garage.

No I was re-reading the bylaws and saw that it only listed for the common areas not under Limited common areas. Talked to my lawyer and he found it very interesting.