Commercial Vehicles

Started by JosephB7 • 10 replies • 334 views

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JosephB7 (North Carolina)
Posts: 11

Posted:

Parking. Unless otherwise permitted by the Rules and Regulations no boat, trailer, recreational vehicle, camper, camper truck or commercial vehicle shall be parked, stored or left (a) on any part of the Common Area, except such portions of the Common Area (if any) as may have been designated by the Board for such purpose; (b) in any driveway or ( c) on any other part of a Lot, ( d) or otherwise in the Project unless the same are fully enclosed within the garage located on the Lot or otherwise properly screened in accordance with the Rules and Regulations.

Our Board is attempting to define "or otherwise screened".

HOA documents do not define the word screened

Owners with commercial vehicles argue that screened means a vehicle cover

Any opinions or experiences regarding this topic would be greatly appreciated.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JosephB7 on 02/25/2022 12:04 PM
Parking. Unless otherwise permitted by the Rules and Regulations no boat, trailer, recreational vehicle, camper, camper truck or commercial vehicle shall be parked, stored or left (a) on any part of the Common Area, except such portions of the Common Area (if any) as may have been designated by the Board for such purpose; (b) in any driveway or ( c) on any other part of a Lot, ( d) or otherwise in the Project unless the same are fully enclosed within the garage located on the Lot or otherwise properly screened in accordance with the Rules and Regulations.

Our Board is attempting to define "or otherwise screened".

HOA documents do not define the word screened

Owners with commercial vehicles argue that screened means a vehicle cover

Any opinions or experiences regarding this topic would be greatly appreciated.

I say a loose interpretation is not seen from the street. In no way does it include covering it.

HenryS7 (Pennsylvania)
Posts: 336

Posted:

In my neck of the woods it might mean a hedgerow or row of arbor vitae that completely blocks the view of the vehicle from the street.

KerryL1 (California)
Posts: 14,550

Posted:

Google the definition "vehicle cover" to see if any definition is "screening,"

SheliaH (Indiana)
Posts: 6,964

Posted:

If you go back to the first part of that sentence, it means these vehicles shouldn't be parked on the common area (e.g. the grass) unless the area is designated by the board (e.g. parking lot). Otherwise, people need to park them in the garage or conceal them another way. If this is a rule the board is trying to update, you may want to allow some sort of privacy screen or permit the vehicles to be covered. As long as they are maintained (no raggedly covers or something that isn't tied down and could blow away), that could work.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

PatJ1 (North Carolina)
Posts: 568

Posted:

How do your R&R's address this issue in compliance with your governing docs? Appears that the R&R's have a lot of room that the HOA board can add restrictions to.

"Unless otherwise permitted by the Rules and Regulations"

Problem with such broad board control is that it can change the R&R's rapidly from board to board. The current board can prohibit covers/commercial vehicles/boats/trailers and the next board can vote to change it. And the next board, change it again.

R&R changes, within the confines of the governing documents, usually need a board vote and an HOA wide announcement with a 30 day notice to enact.

Our R&R's limit the weight of a vehicle to preserve our private community roads knowing that a future board can change our R&R's since our governing documents are silent.

LetA (Nevada)
Posts: 2,679

Posted:

Well, our state recently passed a law that allows unlicensed, unregistered vehicles to be parked on public and private property thus quashing any covenant in common interest properties that prohibits
unregistered vehicle parking. You need to see how otherwise screened is defined in your governing documents and in the state ordinances.

Everyone that wants to do exactly the opposite and violate the covenant are the ones that pick apart these ordinances and covenants, where I come from I learned no means NO!

AugustinD
Posts: 3,698

Posted:

Quote:

Is the above quotation from the covenants?

Or is the above quotation from the Rules and Regulations?

JosephB7 (North Carolina)
Posts: 11

Posted:

CC&Rs

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JohnC46 on 02/25/2022 12:11 PM

I say a loose interpretation is not seen from the street. In no way does it include covering it.

If I were on the OP's Board, and because of the context, the above is what I would support.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with JohnC & Augie.

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