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Commercial Vehicle rules

Started by HectorR • 16 replies • 602 views

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HectorR (Florida)
Posts: 84
Posted:
Hello everyone, back in 2018 the BOD amended a rule not to allow commercial vehicles inside our community. That's a good rule because all kinds of trucks are parking inside our community. Here is the question some homeowners are asking. When the rule was amended back in 2008 it was done without 2/3rds of the votes and for 13 years the rule was never enforced.
Some home owners want to challenge the board because they are claiming that they were never told that commercial vehicles were allowed and most of the vehicles are owned by home owners. Now the board of directors want to enforce the rule
What can be done?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You don't have to be "told" in a HOA. You simply have to "READ" the rules. If the changes are registered in the CC&R's and filed, that is enough. Those documents are considered "PUBLIC" and the owner's responsibility to be informed. Thus they can't blame anyone but themselves for not getting a copy of the documents. They a PUBLIC and available at the courthouse. The HOA is NOT responsible for supplying them but the by-laws.
Former HOA President
SheilaJ1 (South Carolina)
Posts: 291
Posted:
Are you on the board or just a homeowner?
HectorR (Florida)
Posts: 84
Posted:
I'm a home owner
SheilaJ1 (South Carolina)
Posts: 291
Posted:
A person may only have a year or a few years to challenge the amendment.

Post your CC&R's and the amended rule regarding vehicles, trailers, boats, etc.
MarkM19 (Texas)
Posts: 1,459
Posted:
Hector,
I personally can see both sides of this argument. Since I am a Board member the side I always must pick is the rules side. That being said if you want to debate this you may try and use the Grand Father clause that is in many HOA documents. If the Board makes a Rule change it maybe going forward which means the existing people may be Grand Fathered at this point. The truth is in the documents and we are all just guessing.
JohnC77 (California)
Posts: 562
Posted:
I like Melissa answer the best!
DouglasK1 (Florida)
Posts: 2,046
Posted:
Were the CCRs amended or did the board just pass a motion to create this rule? I'm not sure that the board would have the authority to pass a rule like this if it is not in the CCRs. At the very least, I think a judge would be more likely to rule against the HOA of an owner took it to court.
Escaped former treasurer and director of a self managed association.
MarshallT (New York)
Posts: 414
Posted:
Hi Hector,

The fact that there was no vote on this does raise some concerns. Homeowners may have a case here if they challenge the rule. The board may want to create a grandfather clause which allows current homeowners to continue parking commercial vehicles on the property, but future homeowners would not be allowed to do this. If in doubt, consult a legal professional.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By HectorR on 08/03/2020 3:28 PM
Hello everyone, back in 2018 the BOD amended a rule
Did the board amend a rule or a covenant? The difference is huge.

Quote:
Posted By HectorR on 08/03/2020 3:28 PM

When the rule was amended back in 2008 it was done without 2/3rds of the votes and for 13 years the rule was never enforced.
For you to receive meaningful help, I think you would have to post the exact wording of all relevant CC&Rs; the exact wording of the original rule; exactly what happened when this rule was "amended"; the date of this so-called amendment; and whether the amended "rule" was recorded with the county.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By AugustinD on 08/04/2020 8:17 AM
Posted By HectorR on 08/03/2020 3:28 PM
Hello everyone, back in 2018 the BOD amended a rule
Did the board amend a rule or a covenant? The difference is huge.

Quote:
Posted By HectorR on 08/03/2020 3:28 PM

When the rule was amended back in 2008 it was done without 2/3rds of the votes and for 13 years the rule was never enforced.
For you to receive meaningful help, I think you would have to post the exact wording of all relevant CC&Rs; the exact wording of the original rule; exactly what happened when this rule was "amended"; the date of this so-called amendment; and whether the amended "rule" was recorded with the county.

As said. The difference is huge.
HectorR (Florida)
Posts: 84
Posted:
Ok..im going to attempt to copy the information
HectorR (Florida)
Posts: 84
Posted:
trying to attach document but having issues
Invalid file type or file exceeds max size(200kb)

Invalid file type or file exceeds max size(200kb)
GenoS (Florida)
Posts: 4,276
Posted:
How big is the file, Hector? If it's a PDF you can PDF processing software to try an make it smaller. Best if it's black & white because color documents are much larger. In addition, grayscale scanning results in PDF documents that are much larger than pure monochrome black & white. Among other software, Adobe Acrobat (full version) and Foxit's Phantom PDF programs have the ability. Be aware that the process is fickle, and depending on the PDF document you want to make smaller, you STILL may not be able to reduce it below 200K bytes.
AugustinD
Posts: 5,144
Posted:
HectorR, perhaps splitting the document into individual pages, then posting only the pages the forum can use, would help? Google and try any of the pdf splitters that are free online. For example: https://www.freepdfconvert.com/split-pdf

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