RE: Fines to Trucks and Commercial Vehicles

My CCR states: TENTH:Trucks, trailers, boats, motorcycles and commercial and recreational vehicles shall be kept garaged overnight when on or about the Lot or Street.

The Board of Directors is deciding to fine someone for having a recreational vehicle but is overlooking trucks.

It doesn't feel right to follow the CCR and fine for one thing but not the other.

-Mark

Mark,

For better or worse, HOA Board of Directors are permitted latitude in how they enforce the rules. While it is obviously best to enforce all equally, it is generally not required that all rules are enforced in the same manner. Attorneys would advise that any homeowner can enforce the CC&Rs through a private lawsuit. While I wouldn't necessarily doing that, you certainly could ask your Board if it would be preferable for you to file a private lawsuit as they can't seem to do the job that they are supposed to do. That will definitely ruffle feathers but also may encourage them to do their job.

I am not sure how your documents (probably rules and regulations) define commerical vehicles. In my HOA, commerical vehicles are only those that meet any one of the criteria below:

1) GVW above 10,000 pounds
2) Things that stick out beyond the permiter of the vehicle, like cranes
3) Dual rear tires or dual rear axles

Thus, it's pretty black and white for us to enforce. Either they meet the policy or do not.

We once had a homeowner complain about a commercial vehicle with a GVW of exactly 10,000 pounds. I had the property manager inform the complaining party that the policy only applies to vehicles above 10,000 pounds and thus the subject vehicle was allowed.

In your governing documents how is the word Truck defined? There should be a glossary of terms.

Seriously, that's your criteria for a commercial vehicle. Didn't see anything about signage.

Just says trucks.

Trucks is a beyond ambiguous word, unless defined I would interpret that as a vehicle over 10,000# GVW
and requiring a Class A or B license to operate.

As I have been through the court system for this exact thing of parking a truck in my driveway in Ohio. I won the case by showing others and even board members of parking SUVs, trucks, and things that are in the CC&Rs. I proved by Federal ratings that SUVs were listed under trucks and several owners had them including the board. If others have any of the ones listed they are violating the same. If Board picks and chooses that is selective enforcement which is a no-no.

As Cathy said defining a "truck/commercial vehicle" is near impossible. In my last HOA (each home at at least least a two car and at least a 4 car driveway) commercial vehicles could not be parked in the driveway overnight. We defined commercial vehicles as having signage (no matter the size of the vehicle) and/or construction equipment in the bed.

Also commercial plates do not define a commercial vehicle. In SC one can have commercial plates on their average style car as it allows one hour parking in a Commercial Loading/Unloading zones. Reason is one may have to move things from their car to their business.

We had one incident where one complained about a truck with 4 rear tires (called a dually). As it had no signage nor equipment on it, we ruled it was not a commercial vehicle regardless of its size. Another incident. Two identical mini-vans. One had a sign on the door saying Airport Shuttle and a phone number. We ruled the one with a sign to be commercial. Someone reported a Highway Patrol cruiser as commercial due to signage. We ruled safety vehicle were not commercial regardless of signage.

I believe SUV's fall under the designation of a truck for manufacturing/safety reasons. Trying to define a "truck" can get tricky.