SEMI TRUCK IN DRIVEWAY

Hi everyone. I'm the President of our Association and I am trying to deal with a problem that has been going on for over a year. The guy that ownes the semi rents a house in our subdivision and he knows through certified letters as well as contact with the owner and our Bylaws that he cannot have it in his driveway or in our Neighborhood. I know he's aware of this because for a time he did move it to a storage yard,problem solved. Well, the house was sold at auction so there is a new owner and the semi is back. We have talked to the landlord and explained our CC&R's and Bylaws, semi is still there. Had our atty. send a letter giving him 10 days to move the truck or we can have it towed. Well, the 10 days will be up on Saturday and the truck is still there.It's pointless to talk to the renter,he doesn't want to move is beautiful truck. Have any of you ever had to tow a vehichle out of a subdivision? I do not believe this will be pretty, but homeowners want something done once and for all.Feedback please. Patty

Hi Patty,

The HOA should be dealing with the property owner, not the renter. Hopefully, your HOA has some procedures in place to fine the owner for rules violations. Once he starts getting fines for the semi being parked in the driveway, then he will start dealing with his tenant about it.

Patty, I'm from KY too, and the way we have dealt with stubborn commercial vehicle owners is to begin legal action.

All three ultimately complied prior to the cases actually going to court, but if you have to defend the integrity of your documents in such a manner, sometimes you need to do that once or twice so that others who become "stubborn" realize they have limited options, such as either stopping the violation or moving.

Also, the others are correct, the person who needs to be pursued is the owner of record. He has to ensure compliance of his property even though he is not living there.

He may not be inclined to have to put out money to defend someone parking their semi on the lot.

Also, our CC&Rs have a clause that allows us to recoup court costs and other legal fees if we have to go to court to force compliance.

Make sure you attorney asks for that recovery in any complaint he/she files.

PS: Contact IPL and talk to an enforcement officer or supervisor. It's possible that there is a county/metro ordinance that might prevent semi parking in a residential area. If so, then you could approach from that angle as well.

Good luck!

PattyB1

I would first do as others have suggested. I would notify the LOT owner that his tenant is in violation of the governing documents (site the covenant). Follow the fining procedure (in the governing documents)

As previously asked, why has your BOD not fined this LOT own, (landlord), “IF” you want compliance that would certainly be the best way to get it. Putting pressure on the LOT own he/she will transfer such pressure to the tenants. I would think compliance would be rather prompt.

I personally would only tow as a last resort. Are your streets private or county/city owned? I know many state have laws in place that prohibits vehicles of this weight to be driven on rural road/streets, residential. I think this can be resolved with towing the mans “rig”

Many of the previously written posts would be a start to a prompt compliance, Follow these and you are sure to get compliance. “IF” it isn’t resolved then contact us for further suggestion.

Best of luck
Chuck W.

MicheleD,

That is one of the most ridiculous thing I have ever heard. How does your BOD enforce covenants? You should be able to suggest other means of compliance, to resolve this particular situation.

PattyB I would follow your governing documents to the “T”. Read them thoroughly. Then “IF” all else fails check state/county or city statues and laws for Kentucky to get compliance.

I would look to the city to resolve this matter.

Chuck W.

Michele,
You say you have a new owner of the house. Did he sign off on the documents?

If he did, there is only one way to get attention, not just this iotem but into the future will this will occur again and again. We recently had an isssue about the parking of boats, golf cart trailors and RV trailors and RV's. All against the rules. Our documents gives the Board the authority to set fines so a fine schedule was published. It works if the fine is large enough to get attention and it is applied fairly.
If you don't have this authority and there is nothing that forebids fi9ning for violations, do what is necessary to get the authority. Should be simple or fairly so, A resolution by the Board, make that an emergeny resolution by the Board until the documents can be changed. The Board can decree this matter is uncontrollable, is causing damage to the association, is longstanding and you are in danger of non-action will set precedence. Whip up something, get it passed by the Board and fine this new owner by thw week. You will get his attention and that is half thee battle.

I doubt any State Law would not allow you to govern your association. I also like the idea of contacting the owner of the truck, it could be leased and if the guy owns it and your laws prohibit it being their, get the sheriff to notify the truck is parked illegal and will be towed under his authority. The real problem I see is letting it continue. The board should never set rules it won't enforce, and as soon as the other owners catch on you are going to double your troubles.

The owner does not have to "sign off the documents" to be bound by any CC&Rs. He or she is bound by these documents by becoming an owner of the property.

I would not go onto private property to tow a vehicle under any circumstances unless it is specifically allowed in the CC&Rs. Even then I would be hesitant to do so.

The owner of the property is responsible for his/her tenants. If fines are allowed under the CC&Rs then fines should be assesed. If not, legal action should be taken against the owner. The sooner, the better.