DavidV7 (Kansas)
Posts: 1
Posts: 1
Posted:
Hoa member wants to place a pickup for sale at the hoa entrance in the common area on the grass. What issues could that cause?
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Selling truck
Started by DavidV7 • 12 replies • 255 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
others will want to do it as well.
Some will not like it and complain.
If there are no buyers, the truck could sit there awhile.
Non-member or member looking at the vehicle twist an ankle on common area and bring legal action against the HOA.
Some will not like it and complain.
If there are no buyers, the truck could sit there awhile.
Non-member or member looking at the vehicle twist an ankle on common area and bring legal action against the HOA.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
In other words - the common area isn't a car lot and shouldn't be treated as such. In my community, vehicles aren't allowed on the grass at all. There's also a county ordinance against against it.
Tell that homeowner to put the thing in his driveway and post a for sale ad in the newspaper or Facebook.
Tell that homeowner to put the thing in his driveway and post a for sale ad in the newspaper or Facebook.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
David
Do not turn your common area into a used car lot.
Do not turn your common area into a used car lot.
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
Would he be violating any established rules? We have occasional items for sale parked at driveway entrance. It's nice in case a neighbor is interested.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
The common area isn't a used car lot or swap meet. Inform the petitioner to take their car to an open lot
or post a for sale ad in the news paper or appropriate trade publication.
or post a for sale ad in the news paper or appropriate trade publication.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
I am all for it if ai can set up my self serve tomato stand later this month and my neighbor Sally wants to set up a stand and sell quilts on Saturdays.
GregoryT1
Posts: 315
Posts: 315
Posted:
David you might even run into ordinances against that. In my town if you have a vacant lot that you own you can't even leave a car on it. In your docs what rules do they have for the common area in what you can do or not do as an individual?
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
If I wanted to sell a vehicle, the last thing I'd do is put it somewhere unprotected and where I can't keep an eye on it. In another recent thread, a poster's vehicle sustained hail damage. Other possibilities include theft and vandalism. Inviting strangers into the community can increase the incidence of crime, which is one of the reasons our condo association attorney was so adamantly against holding yard sales.
So not only would this probably be a violation of the CC&Rs (check for things like a parking restriction, prohibition on commercial activity, or limits on usage of the common area) - it's also an invitation to an undesirable outcome for the seller.
So not only would this probably be a violation of the CC&Rs (check for things like a parking restriction, prohibition on commercial activity, or limits on usage of the common area) - it's also an invitation to an undesirable outcome for the seller.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Forgot to mention:
The HOA's insurance may not cover any misadventures resulting from keeping the truck on common elements. One of the other reasons that the aforementioned attorney was so against yard sales is that he'd seen instances where yard sale attendees got hurt and sued the association - and then the insurer said that the yard sale was a business activity for which the association was not covered. So the homeowners in those communities became personally financially liable for settling the claim. And there was lamentation and wailing heard throughout the land.
Given all the recent problems with insurers dumping community association clients, it's not smart to tempt fate.
The HOA's insurance may not cover any misadventures resulting from keeping the truck on common elements. One of the other reasons that the aforementioned attorney was so against yard sales is that he'd seen instances where yard sale attendees got hurt and sued the association - and then the insurer said that the yard sale was a business activity for which the association was not covered. So the homeowners in those communities became personally financially liable for settling the claim. And there was lamentation and wailing heard throughout the land.
Given all the recent problems with insurers dumping community association clients, it's not smart to tempt fate.
GregoryT1
Posts: 315
Posts: 315
Posted:
The person selling the truck is a bit out dated. In the rural areas of my state we used put our cars at the end of the driveway and have for sale signs. I did that with one of my vehicles. That is out dated. He needs to post on car gurus which is better for personal sales of cars. Everyone is selling online now. eBay is another place.
MarshallT (New York)
Posts: 414
Posts: 414
Posted:
The biggest issue is the owner is using property that isn't theirs to sell a personal item. That's not allowed. And as others have noted, it could lead others to want to do the same.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Right on to Marshall and a couple and others. "Common areas" are exactly that! The may be used by everyone. But NO owner may have it to use exclusively for their personal benefit! If one could use it, every owner could in the way Dean notes. Both a visual and potential liability nightmare.
Say NO, and then encourage the Board to make a rule that no owner may use any portion of any common area as exclusively their own, or similar wording.
Say NO, and then encourage the Board to make a rule that no owner may use any portion of any common area as exclusively their own, or similar wording.
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