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KevinW15 (Nebraska)
Posts: 1
Posted:
I recently started a trucking business (dump truck) and run it from my house. I built a shop to store it in as is mentioned in our covenants, as well as everything else to a "T". We live in a very small community and are in a newer development just on the edge of town.
One of the board members doesn't like the fact that I have the truck in the neighborhood. I've spoken to several neighbors and almost all don't have a problem with it. I drive 10 MPH BELOW the posted speed limit, come to a full stop at all stop signs. This board member has been going door to door to certain houses trying to get neighbors to sign a petition of sorts to get my truck out of the neighborhood. Doesn't the HOA have to conduct a formal voting process to include ALL the neighbors in the voting process? I guess my questions are, doesn't he have to follow a certain procedure being on the board for such a petition? Do I have any legal recourse against this? I appreciate any assistance or recommendations.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
A petition alone cannot change anything. At best it is considered advice. If your docs do not mention banning trucks then no need to worry.
SheliaH (Indiana)
Posts: 6,964
Posted:
If you're following the CCRs, the man should leave you alone. The only way to change this is to amende the CCRs and that requires a certain percentage of homeowners to sign off on it. That doesn't mean sign a petition and that settles it, but he can get a certain number of homeowners to sign a petition to call fir a special homeowners meeting to discuss the matter.

Has this man told what his issues are? I don't think it's the traffic rules- you say this is a dump truck business, so the issue could be noise, smell, litter flying off the truck, etc. There may also be an issue with the weight of the truck wrecking the streets sooner rather than later and if the association owns the streets, it'll cost to pay for repairs and replacing.

Do you consider any of this when you started your business? These are some of the reasons some HOAs (like mine) ban commercial vehicles. Talk to some of your neighbors to see what they think and watch for complaint patterns. For example, if everyone says something about litter, you need to find a way to resolve that problem. Hopefully you find people who will be polite but honest with you -its possible no one will say this to you but complain to the board and they've found someone who agrees with them.

Such is life in a HOA - when you moved in, you agreed to comply with the rules, and the people who yell the most often get their way and somemdtimes it's unfair or doesn't make any sense. That's why you need to read your documents- the whole thing. The bylaws usually dictate how the community is to be run, like how to call a special meeting ir what has to be done to amend the documents. Pull them out and start reading do you can figure out what your next move shoukd be..

And if you have legal questions, go to a private attorney. Most of us aren't attorneys and what's true in your state may not be the case in another.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Can you cite the particular passage in your covenants that permit the work you did, Kevin?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnC46 on 05/06/2023 9:48 AM
A petition alone cannot change anything. At best it is considered advice. If your docs do not mention banning trucks then no need to worry.

I'd be concerned about a more general restriction against commercial activity in a residential area. And not just from the HOA: I wonder what the local zoning laws say.

Sheila mentioned truck weights, and there are differences in road beds depending on the kind of traffic that will use that road. There is an access road behind my community that has residential grade paving that was never intended to handle heavy commercial vehicles, and the delivery trucks and trash haulers have beaten the cr@p out of it - it's down to dirt in some places. I can see an HOA with residential grade private streets having a conniption over this.

Another issue: diesel fumes entering neighboring homes. People who get carbon monoxide poisoning tend to get testy.

In my community, something like this would tick the following boxes: noxious, offensive, or nuisance activity; commercial activity; weight of trucks; potential parking violations; and potential gap in insurance coverage - and that's before the township officials have their say and the neighbors sue because you nearly killed their little kid with truck exhaust.

I'm sure there's probably something else in there somewhere... :-)

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