Commercial Vehicle In Georgia

JW10 (Georgia)
Posts: 28

Posted:

I am in Georgia, having a issue with HOA over what a commercial vehicle is.
No definition is given, How do i determine what a commercial vehicle is? The HOA refuses to answer that question.
The vehicle in questions does not meet the standard of a commercial vehicle based on Ga Code.

Only meets the “Lightweight commercial vehicle” but the Declaration of Covenant does not mention “Lightweight commercial vehicle”

If anyone can give some guidance, Sorry for long post

Declaration of Covenants, Restriction and Easements

Commercial and Recreational Vehicles and Trailers. No commercial vehicle, house trailer, mobile home, motor home, recreational vehicle, camper, truck with camper top, boat or boat trailer or like equipment shall be permitted on any Lot on a permanent basis, but shall be allowed on a temporary basis not to exceed forty-eight (48) consecutive hours. Notwithstanding the foregoing, any such vehicles or equipment may be stored on a Lot, provided such vehicle or equipment is kept in an enclosed space and is concealed from view by neighboring residences and streets. No motorized vehicles of any nature shall be permitted on pathways or unpaved Common Property except for public safety vehicles and vehicles authorized by the Board.

O.C.G.A. § 40-1-1

(8.1) “Commercial motor vehicle” means any self-propelled or towed motor vehicle used on a highway in intrastate or interstate commerce or both to transport passengers or property when the vehicle:
(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more;
(B) Is designed or used to transport more than eight passengers, including the driver, for compensation;
(C) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(D) Is used to transport material determined to be hazardous by the secretary of the United States Department of Transportation under 49 U.S.C. Section 5103 and transported in a quantity that requires placards under regulations prescribed under 49 C.F.R., Subtitle B, Chapter I, Subchapter C.

(24.1) “Lightweight commercial vehicle” means a motor vehicle which does not meet the definition of a commercial motor vehicle and which, in the furtherance of a commercial enterprise:
(A) Is used to transport hazardous materials in a type and quantity for which placards are not required in accordance with the Hazardous Materials Regulations prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, Subpart F, or compatible rules prescribed by the commissioner of public safety;
(B) Is used to transport property for compensation;
(C) Is used to transport passengers for compensation, other than a taxicab; or
(D) Is a wrecker or tow truck.

AugustinD
Posts: 1,027

Posted:

JW10, this question has come up here a lot over the years.

First, the Georgia statute definition does not apply. What matters is any definition the HOA declaration provides. You say the Declaration has no definition. Which is no surprise, based on reading here at the forum and other Declarations. The absence of a definition for "commercial vehicle" tends to render the part about "commercial vehicles" meaningless. As in the courts would find "commercial vehicle" vague and ambiguous, and so any covenants invoking the phrase are likely unenforceable to the extent the HOA board foolishly makes up some definition for "commercial vehicle." (

Note: The courts do not give a damn about Declaration sections that say the Board gets to interpret anything that is ambiguous. The courts tend to say that's not fair. The rule nationwide is, 'Where a board has discretion to do xyz, the board must exercise this discretion reasonably.' For one thing, that means no caprice. For another thing, when a vehicle involves one's livelihood, then in this day and age, boards better tread softly.

The more exacting phrases, like house trailer, RV, camper, boat et cetera do still have legal value.

If you provide details about what the HOA board is claiming about your vehicle, then you will likely get more helpful responses here.

JW10 (Georgia)
Posts: 28

Posted:

They claim the work vehicle is commercial and will only cite this from the Declaration of Covenants Commercial and Recreational Vehicles and Trailers. No commercial vehicle, house trailer, mobile home, motor home, recreational vehicle, camper, truck with camper top, boat or boat trailer or like equipment shall be permitted on any Lot on a permanent basis, but shall be allowed on a temporary basis not to exceed forty-eight (48) consecutive hours. Notwithstanding the foregoing, any such vehicles or equipment may be stored on a Lot, provided such vehicle or equipment is kept in an enclosed space and is concealed from view by neighboring residences and streets. No motorized vehicles of any nature shall be permitted on pathways or unpaved Common Property except for public safety vehicles and vehicles authorized by the Board.

That is all they will say, will not give any more information and will not answer any questions

AugustinD
Posts: 1,027

Posted:

Are they fining you? Threatening to tow your vehicle? Suspending your voting rights until the so-called violation is remedied?

If none of the above, ignore them. Alternatively and if you have money to spare, lawyer up.

AugustinD
Posts: 1,027

Posted:

One other thing: Document every communication you have with this Board. Save all letters. Do not delete emails; keep the emails on your server. The Board's failing to answer questions works against the HOA, if push comes to shove here.

JW10 (Georgia)
Posts: 28

Posted:

They sent one letter well did not mail the letter just placed in my mailbox, no postage not even address to me, i open read the letter was a request saying vehicle in violation no commercial vehicle can be parked. The by laws state all notice must be mailed.
I requested a hearing to find out is this me or someone else if me what is the issues, i was told cant ask questions.

Then the board voted on the hearing then sent certified letter and now seeking to fine me.

Trying to make this short and to the point sorry for crappy grammar.

LoriM15 (Florida)
Posts: 1,009

Posted:

Does the work vehicle have signage on it?

JW10 (Georgia)
Posts: 28

Posted:

Yes

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By LoriM15 on 08/17/2022 8:28 PM
Does the work vehicle have signage on it?

Quote:

Posted By JW10 on 08/17/2022 8:35 PM
Yes

This is typically the issue.
We would also go after vehicles that had ladder racks as commercial.

If the signage is removable (magnetic) then simply remove the signage each night.

Quote:

Posted By JW10 on 08/17/2022 7:24 PM

The vehicle in questions does not meet the standard of a commercial vehicle based on Ga Code.

Only meets the “Lightweight commercial vehicle” but the Declaration of Covenant does not mention “Lightweight commercial vehicle”

This may also be an issue. Granted the GA code does not specifically apply. Yet, if one individual is a heavy weight boxer and another individual a light weight boxer, both would be called a boxer. The same would apply to your vehicle.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Typically, commercial vehicles are identified by:

Ladder Racks
Commercial or advertising Signage
Hazardous Materials (welding tanks)
visible commercial equipment
Dual Axles
Has a lift gate
Is owned by a company
Has a commercial license plate

TimB4 (Tennessee)
Posts: 21,062

Posted:

Another good definition would be from the Davis-Stirling site:

COMMERCIAL VEHICLES

JW10 (Georgia)
Posts: 28

Posted:

not a gated community, public road

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By TimB4 on 08/18/2022 12:04 AM
Typically, commercial vehicles are identified by:

Ladder Racks
Commercial or advertising Signage
Hazardous Materials (welding tanks)
visible commercial equipment
Dual Axles
Has a lift gate
Is owned by a company
Has a commercial license plate

Only
advertising Signage , Is owned by a company

The Hoa has not given any solution besides parking in my garage nothing about covering up the logo, i could park in the street but my home is the bus stop and could cause a safety issue.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why can you not park in the garage? Many HOA's regardless if vehicle is commercial or not require parking in the garage. It's not anyone's fault if you have too much stuff in the garage to do so.

You may need to maybe keep the vehicle parked at work or another location to pick it up. I personally think commercial vehicle rule is kind of "dumb" but in some cases depending on the "view" may be necessary. (No one wants a "clown car" parked out front).

Former HOA President

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By MelissaP1 on 08/18/2022 4:29 AM
Why can you not park in the garage? Many HOA's regardless if vehicle is commercial or not require parking in the garage. It's not anyone's fault if you have too much stuff in the garage to do so.

You may need to maybe keep the vehicle parked at work or another location to pick it up. I personally think commercial vehicle rule is kind of "dumb" but in some cases depending on the "view" may be necessary. (No one wants a "clown car" parked out front).

Well i am required to have my work truck as i respond to emergencies for a utility company. The stow height is about 3 inches to high. My home sits off the road, from the street you cant see any visible logo, unless you walk up my driveway about 15 to 20 feet

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By JW10 on 08/18/2022 4:37 AM

Posted By MelissaP1 on 08/18/2022 4:29 AM
Why can you not park in the garage? Many HOA's regardless if vehicle is commercial or not require parking in the garage. It's not anyone's fault if you have too much stuff in the garage to do so.

You may need to maybe keep the vehicle parked at work or another location to pick it up. I personally think commercial vehicle rule is kind of "dumb" but in some cases depending on the "view" may be necessary. (No one wants a "clown car" parked out front).

Well i am required to have my work truck as i respond to emergencies for a utility company. The stow height is about 3 inches to high. My home sits off the road, from the street you cant see any visible logo, unless you walk up my driveway about 15 to 20 feet

Order a blank magnetic sign and place it over the company info when you are home.

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By JohnT38 on 08/18/2022 4:50 AM

Posted By JW10 on 08/18/2022 4:37 AM

Posted By MelissaP1 on 08/18/2022 4:29 AM
Why can you not park in the garage? Many HOA's regardless if vehicle is commercial or not require parking in the garage. It's not anyone's fault if you have too much stuff in the garage to do so.

You may need to maybe keep the vehicle parked at work or another location to pick it up. I personally think commercial vehicle rule is kind of "dumb" but in some cases depending on the "view" may be necessary. (No one wants a "clown car" parked out front).

Well i am required to have my work truck as i respond to emergencies for a utility company. The stow height is about 3 inches to high. My home sits off the road, from the street you cant see any visible logo, unless you walk up my driveway about 15 to 20 feet

Order a blank magnetic sign and place it over the company info when you are home.

I am not sure that would please the HOA.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By JW10 on 08/17/2022 7:59 PM
They sent one letter well did not mail the letter just placed in my mailbox, no postage not even address to me, i open read the letter was a request saying vehicle in violation no commercial vehicle can be parked. The by laws state all notice must be mailed.
I requested a hearing to find out is this me or someone else if me what is the issues, i was told cant ask questions.

Then the board voted on the hearing then sent certified letter and now seeking to fine me.

Given the importance of utilities and that you are on emergency call, you could try sending a letter certified mail, return receipt requested, explaining the necessity of having the vehicle, for both keeping your job and for service to the general public. Maybe your employer could write a letter of support as well.

If the Board will not budge, then unfortunately I think your next step will be to hire an attorney. This of course will cost you. Also even if one has the money, just locating a competent, HOA-knowledgeable attorney willing to represent a person can be quite difficult.

Keep in mind that even if the HOA violated the due process requirements of your covenants and state law, this is a simple matter for the Board to remedy. You'd ultimately still be facing the same battle.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Have you talked to your employer about this? They have probably run into this before. Maybe they are aware of laws or case law that would support the case for keeping the vehicle on property.

Escaped former treasurer and director of a self managed association.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Have you talked to your employer about this? They have probably run into this before. Maybe they are aware of laws or case law that would support the case for keeping the vehicle on property.

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By DouglasK1 on 08/18/2022 6:34 AM
Have you talked to your employer about this? They have probably run into this before. Maybe they are aware of laws or case law that would support the case for keeping the vehicle on property.

Always a good idea.

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By DouglasK1 on 08/18/2022 6:34 AM
Have you talked to your employer about this? They have probably run into this before. Maybe they are aware of laws or case law that would support the case for keeping the vehicle on property.

Yes i was trying not to involve the employer but they are drafting a letter

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By AugustinD on 08/18/2022 6:16 AM

Posted By JW10 on 08/17/2022 7:59 PM
They sent one letter well did not mail the letter just placed in my mailbox, no postage not even address to me, i open read the letter was a request saying vehicle in violation no commercial vehicle can be parked. The by laws state all notice must be mailed.
I requested a hearing to find out is this me or someone else if me what is the issues, i was told cant ask questions.

Then the board voted on the hearing then sent certified letter and now seeking to fine me.

Given the importance of utilities and that you are on emergency call, you could try sending a letter certified mail, return receipt requested, explaining the necessity of having the vehicle, for both keeping your job and for service to the general public. Maybe your employer could write a letter of support as well.

If the Board will not budge, then unfortunately I think your next step will be to hire an attorney. This of course will cost you. Also even if one has the money, just locating a competent, HOA-knowledgeable attorney willing to represent a person can be quite difficult.

Keep in mind that even if the HOA violated the due process requirements of your covenants and state law, this is a simple matter for the Board to remedy. You'd ultimately still be facing the same battle.

The kicker in all this one member of the board is a HOA lawyer, i thought with prior ACC approval, board is addressing the original complaint and would just simply follow the ACC. I should have never assume.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By JW10 on 08/18/2022 9:00 AM
i thought with prior ACC approval, board is addressing the original complaint and would just simply follow the ACC. I should have never assume.

What do you mean by "prior ACC approval"? Before the Board sent its letters notifying you of this alleged violation, had you received approval for the vehicle from the ACC?

JW10 (Georgia)
Posts: 28

Posted:

Yes I did and I showed the board the email the ACC sent me saying approved

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By JW10 on 08/18/2022 9:13 AM
Yes I did and I showed the board the email the ACC sent me saying approved

Can you give the timeline for the following events?

Purchased home in HOA on _____.

Began parking utilities' truck in driveway on _____.

Submitted application to ACC for approval of truck and so possibly (but far from definitely) waiver of HOA's enforcement of the covenant prohibiting commercial vehicles) on ____.

Received first warning letter from HOA on _____.

Hearing occurred on _____, but owner JW10 was not allowed to ask questions.

Received notice of fine assessment on _____.

Other possibly relevant events and dates (summarize and list):

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By AugustinD on 08/18/2022 9:23 AM

Posted By JW10 on 08/18/2022 9:13 AM
Yes I did and I showed the board the email the ACC sent me saying approved

Can you give the timeline for the following events?

Purchased home in HOA on _____. 2018

Began parking utilities' truck in driveway on _____. Jan - March 2021 one of the months

Submitted application to ACC for approval of truck and so possibly (but far from definitely) waiver of HOA's enforcement of the covenant prohibiting commercial vehicles) on ____. Jan 2022

Received first warning letter from HOA on _____. Letter was place in mail box no postage Date May 2022

Hearing occurred on _____, but owner JW10 was not allowed to ask questions. July

Received notice of fine assessment on _____. August 11th 2022

Other possibly relevant events and dates (summarize and list):

Purchased home in HOA on _____. 2018

Began parking utilities' truck in driveway on _____. Jan - March 2021 one of the months

Submitted application to ACC for approval of truck and so possibly (but far from definitely) waiver of HOA's enforcement of the covenant prohibiting commercial vehicles) on ____. Jan 2022 after complaint was made to ACC

Received first warning letter from HOA on _____. Letter was place in mail box no postage Date May 2022

Hearing occurred on _____, but owner JW10 was not allowed to ask questions. July 2022

Received notice of fine assessment on _____. August 11th 2022

JW10 (Georgia)
Posts: 28

Posted:

Actually parked from previous career work truck 2019

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 08/18/2022 12:04 AM
Typically, commercial vehicles are identified by:

Ladder Racks
Commercial or advertising Signage
Hazardous Materials (welding tanks)
visible commercial equipment
Dual Axles
Has a lift gate
Is owned by a company
Has a commercial license plate

In SC ones private vehicle can have a commercial plate meaning it can be parked in loading/unloading zones. Meant for small business owners to be able to load/unload their vehicle.

I would disagree with the owned by a company.

In one HOA I belonged to we had a go around about two identical Ford Explorers but the rear window of one had the name and address of a real estate company on it. We ruled it was signage, thus commercial.

JW10 (Georgia)
Posts: 28

Posted:

Did you simply ask for the signage to be covered up?

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By JohnC46 on 08/18/2022 9:32 AM

Posted By TimB4 on 08/18/2022 12:04 AM
Typically, commercial vehicles are identified by:

Ladder Racks
Commercial or advertising Signage
Hazardous Materials (welding tanks)
visible commercial equipment
Dual Axles
Has a lift gate
Is owned by a company
Has a commercial license plate

In SC ones private vehicle can have a commercial plate meaning it can be parked in loading/unloading zones. Meant for small business owners to be able to load/unload their vehicle.

I would disagree with the owned by a company.

In one HOA I belonged to we had a go around about two identical Ford Explorers but the rear window of one had the name and address of a real estate company on it. We ruled it was signage, thus commercial.

Bring on the Nazi's

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By JW10 on 08/18/2022 4:53 AM

Posted By JohnT38 on 08/18/2022 4:50 AM

Posted By JW10 on 08/18/2022 4:37 AM

Posted By MelissaP1 on 08/18/2022 4:29 AM
Why can you not park in the garage? Many HOA's regardless if vehicle is commercial or not require parking in the garage. It's not anyone's fault if you have too much stuff in the garage to do so.

You may need to maybe keep the vehicle parked at work or another location to pick it up. I personally think commercial vehicle rule is kind of "dumb" but in some cases depending on the "view" may be necessary. (No one wants a "clown car" parked out front).

Well i am required to have my work truck as i respond to emergencies for a utility company. The stow height is about 3 inches to high. My home sits off the road, from the street you cant see any visible logo, unless you walk up my driveway about 15 to 20 feet

Order a blank magnetic sign and place it over the company info when you are home.

I am not sure that would please the HOA.

Do they have anything in your governing documents that state you can't place a blank magnet on your vehicle? Sometimes the simplest solution is the best. Stick the blank sign on the vehicle and notify them that you no longer are displaying any company info. See what happens before you drag a lawyer into this.

JW10 (Georgia)
Posts: 28

Posted:

Nothing that says i can't, i have ask the HOA for solution besides parking in the garage or the street and i have zero answers thus far.

JW10 (Georgia)
Posts: 28

Posted:

Could someone also tell me if i am reading this wrong but from my view looks like once the letter is giving i am suppose to have 10 days?
Is that after the hearing? Or is that from the first letter that was place into mailbox?

Fining Procedure. The Board shall not impose a fine (a late charge shall not constitute a fine) unless and until the following procedure is followed:

(a) Demand. Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying:

(i) the alleged violation;
(ii) the action required to abate the violation; and
(iii) a time period, not less than ten (10) days, during which the violation may be abated without further sanction, if such violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of a fine, if the violation is not continuing. The- Board or its designee may demand immediate abatement in such circumstances which, in the board's determination, pose a danger to safety or property.

MaxB4
Posts: 3,513

Posted:

JW10

Is the issue with the Board or the management company?

JW10 (Georgia)
Posts: 28

Posted:

With the board, i believe we do not have a management company

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By JW10 on 08/18/2022 10:35 AM
Could someone also tell me if i am reading this wrong but from my view looks like once the letter is giving i am suppose to have 10 days?
Is that after the hearing? Or is that from the first letter that was place into mailbox?

Fining Procedure. The Board shall not impose a fine (a late charge shall not constitute a fine) unless and until the following procedure is followed:

(a) Demand. Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying:

(i) the alleged violation;
(ii) the action required to abate the violation; and
(iii) a time period, not less than ten (10) days, during which the violation may be abated without further sanction, if such violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of a fine, if the violation is not continuing. The- Board or its designee may demand immediate abatement in such circumstances which, in the board's determination, pose a danger to safety or property.

By my reading the HOA's due process rules needs work. Specifically the due process rules need to state how a hearing alters the timeline; what the rules of a hearing are; and so on.

Just keep documenting everything. Submit the letter from your employer to the board, along with proof of the ACC approval. I get that the Board might simply ignore the employer's letter and the ACC approval. But submit these documents to the Board anyway. You are CYA-ing, in preparation for a letter of demand from an attorney (if push comes to shove).

LoriM15 (Florida)
Posts: 1,009

Posted:

If it works like many HOAs, the 10 day period is the first notice or friendly reminder period. You get a notice of the violation and have 10 days to fix the issue (in this case remove your commercial truck). After the 10 days, if you have not corrected the issue, they will probably send you a notice by certified mail saying you need to fix the issue or be fined and may even have set up a date for the board to hear about your violation. Our second notice gives you additional time to fix the issue.

I don't know what the statute says in Georgia, but usually you will get a hearing before the board about the violation, they can recommend a fine, and then it goes to a fining committee for to decide yes or no on the fine. You have a right to speak at all of these hearings.

JW10 (Georgia)
Posts: 28

Posted:

Unfortunately the letter demands I comply within 5 days, i assume weekend days and the day of receiving letter does not count?

JW10 (Georgia)
Posts: 28

Posted:

I already had hearing with a few of the board members, not all the members came to hearing.

AugustinD
Posts: 1,027

Posted:

JW10, I think you need to focus on sending the employer's letter and the ACC approval to the board and politely requesting that they reverse their decision and remove the fine. All by certified mail and with copies retained by you.

Give the Board three weeks for a response. During this time, start looking around for a possible attorney to hire.

A hazard of these situations is speculating too much on "what ifs." Take the steps that protect you legally as well as possible. Let a reasonable amount of time past. Report back with any action or in-action by the Board.

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By AugustinD on 08/18/2022 12:02 PM
JW10, I think you need to focus on sending the employer's letter and the ACC approval to the board and politely requesting that they reverse their decision and remove the fine. All by certified mail and with copies retained by you.

Give the Board three weeks for a response. During this time, start looking around for a possible attorney to hire.

A hazard of these situations is speculating too much on "what ifs." Take the steps that protect you legally as well as possible. Let a reasonable amount of time past. Report back with any action or in-action by the Board.

Do you mind commenting on about the 5 day corrective action and does weekend days count and day of receiving letter count

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By JW10 on 08/18/2022 12:17 PM
Do you mind commenting on about the 5 day corrective action and does weekend days count and day of receiving letter count

If the bylaws, CCC&Rs, or rules and regulations do not spell out what counts, then the Board is supposed to be reasonable about this. What this board sees as reasonable is anyone's guess.

If you are intending to cooperate for the immediate future, and want the least hassle from the board as possible for now, then stop parking the truck at your home immediately.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

The docs in my present HOA do ban commercial vehicles but we have never enforced it. We have several smallish trucks with signage on them (two are pest control companies). We have several style homes and some do not have a garage so it is not like we can say keep the vehicle in the garage. We have chosen to look the other way in regards to this.

LoriM15 (Florida)
Posts: 1,009

Posted:

Quote:

Posted By AugustinD on 08/18/2022 12:02 PM
JW10, I think you need to focus on sending the employer's letter and the ACC approval to the board and politely requesting that they reverse their decision and remove the fine. All by certified mail and with copies retained by you.

Give the Board three weeks for a response. During this time, start looking around for a possible attorney to hire.

A hazard of these situations is speculating too much on "what ifs." Take the steps that protect you legally as well as possible. Let a reasonable amount of time past. Report back with any action or in-action by the Board.

Why was the ACC involved in a commercial truck issue?

And if you already had a hearing with the board, what did they say at the board meeting? It doesn't matter what the members think or if they attended, the board is the decision-making body.

I'm a little confused about the timeline here. Did you get a first notice but didn't comply, then you were called to the board? Then you had a hearing before the board, they told you do not park there, and now they are threatening to fine you? So the five day notice was after the board meeting?

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By LoriM15 on 08/18/2022 2:01 PM

Posted By AugustinD on 08/18/2022 12:02 PM
JW10, I think you need to focus on sending the employer's letter and the ACC approval to the board and politely requesting that they reverse their decision and remove the fine. All by certified mail and with copies retained by you.

Give the Board three weeks for a response. During this time, start looking around for a possible attorney to hire.

A hazard of these situations is speculating too much on "what ifs." Take the steps that protect you legally as well as possible. Let a reasonable amount of time past. Report back with any action or in-action by the Board.

Why was the ACC involved in a commercial truck issue?

And if you already had a hearing with the board, what did they say at the board meeting? It doesn't matter what the members think or if they attended, the board is the decision-making body.

I'm a little confused about the timeline here. Did you get a first notice but didn't comply, then you were called to the board? Then you had a hearing before the board, they told you do not park there, and now they are threatening to fine you? So the five day notice was after the board meeting?

The ACC emailed asking to reply to a complaint, so we did and they gave the approval for the work truck, then months later the hoa sent a letter saying no commercial vehicle allowed, so i requested a hearing, hoa would not answer any questions then received a letter saying i will be fined if i do not comply
Only notice i received was after the acc approved the work truck about violation

JW10 (Georgia)
Posts: 28

Posted:

Quote:

Posted By JohnC46 on 08/18/2022 1:20 PM
The docs in my present HOA do ban commercial vehicles but we have never enforced it. We have several smallish trucks with signage on them (two are pest control companies). We have several style homes and some do not have a garage so it is not like we can say keep the vehicle in the garage. We have chosen to look the other way in regards to this.

My HOA will not tell me what they believe a commercial vehicle is, I looked at OCGA Code and what the DMV classified as a commercial vehicle. I gave them that information.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By JW10 on 08/17/2022 7:59 PM
They sent one letter well did not mail the letter just placed in my mailbox, no postage not even address to me, i open read the letter was a request saying vehicle in violation no commercial vehicle can be parked. The by laws state all notice must be mailed.
I requested a hearing to find out is this me or someone else if me what is the issues, i was told cant ask questions.

Then the board voted on the hearing then sent certified letter and now seeking to fine me.

Trying to make this short and to the point sorry for crappy grammar.

That's illegal, request a hearing in front of the BOD and have it on record that they placed an article in your mailbox. They must define what a commercial vehicle is
in the governing documents, they can't just pick and choose.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By LoriM15 on 08/18/2022 11:27 AM
If it works like many HOAs, the 10 day period is the first notice or friendly reminder period. You get a notice of the violation and have 10 days to fix the issue (in this case remove your commercial truck). After the 10 days, if you have not corrected the issue, they will probably send you a notice by certified mail saying you need to fix the issue or be fined and may even have set up a date for the board to hear about your violation. Our second notice gives you additional time to fix the issue.

I don't know what the statute says in Georgia, but usually you will get a hearing before the board about the violation, they can recommend a fine, and then it goes to a fining committee for to decide yes or no on the fine. You have a right to speak at all of these hearings.

The first letter is moot because it was illegally sent, just placed in the OP's mailbox by the complainant. It is fruit of the poisoned apple.
For the HOA to send a legitimate letter they need to mail it via the USPS, not just place it in a persons mailbox.

LetA (Nevada)
Posts: 2,679

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Quote:

Posted By JW10 on 08/18/2022 11:33 AM
I already had hearing with a few of the board members, not all the members came to hearing.

Did the meeting meet the quorum? enough board members to conduct a hearing?