Commercial Vehicle Parked overnight

While others may see this as a rather black & white issue, I actually think it's potentially a little difficult. Assuming your CCRs address this topic in the language you've used (e.g. Commercial Vehicle), you could have a situation where there is a mismatch between the INTENT of your rules and the DEFINITION of your rules.

Unless the CCRs specifically define the term "Commercial Vehicle", how would that term be interpreted? An argument could be made that you would have to use the definition (whatever that may be) that is applied by the Florida Dept of Motor Vehicles. Which might, for example, include ANY vehicle owned by a commercial entity including normal passenger cars?

However, I suspect the INTENT of the restriction was to prohibit outside overnight parking of vehicles are either:

1). By the nature of their very construction are for commercial use (dump trucks, 18 wheelers, Step Vans like are used for bread delivery, etc).
2). Vehicles that could be ordinary residential passenger vehcles, but have some adornments - like signs - that identify them as being used for business.

In the case you describe it seems like a van (panel van, or windowed van?) with signs that the tenant in an attempt to abide by HOA desires is covering with blank magnetic panels at night. Seems to me that the ladder itself isn't cause for violation since any other resident could choose to put a ladder on the factory roof rack of their minivan. However, if the roof rack is one of those obviously heavy duty commercial ones designed specifically for many ladders, pipes, etc then maybe that confers "commercial vehicle" status?

I don't think I've helped you at all - I've probably just raised more questions than I've answered.

Sorry!

Thanks for the posts guys. the tarp overnight is a VERY good idea actually. Although it'd be a pain for the tenant, its a definite suggestion if the HOA guys still can't overlook something like a ladder.

Personally, he's covering up the signage...and that suits me just fine...it just seem SOME are too petty...a huge reason why HOA's have such a bad rap lately.

Jorge,
I certainly don't see any urgency to solve this .

Why are you dealing with the tenant? Shouldn't you be dealing with the owner?

I am new to this blog, so please bear with me.
What is the general determination of a commercial vehicle. Our trust indentures say only that, commercial vehicle. Does any vehicle that is painted with advertisement for a company constitute commercial or is it limited to GW tonage?

Oh, any signage at all.

Tonnage is not the issue. The commercial nature of the vehicle, which includes advertising signage, allows falls under our "definition" of commercial vehicle.

Here in Missouri the CC&R's are titled Indentures of Trust and go with the land not any resident/condo owner. Same thing just different name. We are an HOA with 406 homes. We also have a management co. that we contract with to do most of the behind the scenes work for us. Most HOA's in this area are around the same size, organized by subdivision/builder.

The initiative taken for the concern is very serious and need an attention of every one. This is the concern which exists in the society and needs to be eliminated from the society as soon as possible.
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Commercial Van Insurance