Get 2 months of free community web site hosting from Community123.com!
Wednesday, November 20, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Hypothetical Question
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JohnB83


Posts:0


10/18/2017 12:44 PM  
Given the following restriction contained in the Covenants as a 'finding of fact':

No trucks of any kind shall be parked upon the premises hereby conveyed.




?? Is a 'Pick-Up' truck permitted ??




This is designed as 'food for thought', I will NOT rejoin this particular topic thread.
KerryL1
(California)

Posts:6703


10/18/2017 1:38 PM  
I'll bite. "Truck," with no qualifiers of any kind, is a clear and unambiguous word. All English speakers know what it means. In this phrase, they are prohibited. Period. Any buyers should feel assured that they won't see their new neighborhood sprouting trucks of any kind.

I noted elsewhere that my sis/husb. wanted NO part of an HOA that permitted parking of any trucks + any rec. vehicles in the driveways or on the streets. Not easy to find in Bend, OR, but they bought happily in just such an HOA. Their neighbors are happy too. And they all are VERY protective of this covenant.
TimB4
(Virginia)

Posts:16542


10/18/2017 3:26 PM  
John,

Why do you need so many threads on the same topic?
DouglasM6
(Arizona)

Posts:724


10/18/2017 3:27 PM  
Because John is a PitA....LOL
GenoS
(Florida)

Posts:3328


10/18/2017 3:28 PM  
Aren't there enough ongoing threads about trucks? Jeez.
GuyM1
(Ohio)

Posts:278


10/18/2017 5:19 PM  
Then you better talk to your states BMV!
GuyM1
(Ohio)

Posts:278


10/18/2017 5:20 PM  
How can Pickup Trucks drive down a road that has a sign that says NO TRUCKS?
MelissaP1
(Alabama)

Posts:8711


10/18/2017 5:29 PM  
Those signs usually come with weight or height restrictions with "No trucks"...

Former HOA President
DouglasM6
(Arizona)

Posts:724


10/18/2017 5:33 PM  
Thank you for this Melissa.

To everyone involved in this ridiculous conversation about "what a truck is", open google, type in "highway road signs no trucks", and then select images. Look at the image used on these signs. Nuff said.
GuyM1
(Ohio)

Posts:278


10/18/2017 6:00 PM  
data:image/png;base64,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
GuyM1
(Ohio)

Posts:278


10/18/2017 6:02 PM  
http://www.stopsignsandmore.com/images/Product/medium/219.gif
GuyM1
(Ohio)

Posts:278


10/18/2017 6:03 PM  
https://www.safetysupplywarehouse.com/v/vspfiles/photos/TC14555-2.jpg
GuyM1
(Ohio)

Posts:278


10/18/2017 6:04 PM  
https://dallasnews.imgix.net/SEMITRUCKS1.jpg
FredS7
(Arizona)

Posts:916


10/18/2017 6:28 PM  
I thought OP completely settled this for all time in his previous thread.
CarlJ2
(Texas)

Posts:190


10/18/2017 7:14 PM  
He is trolling the board.
LetA
(Nevada)

Posts:818


10/18/2017 10:03 PM  
Guy, That was a problem in Ohio until the mid to late 90's when the legislature did away with special NON COMM plates specifically for pick-up trucks.
Yes it was conceivable that pick-up trucks were ticketed in a no truck zone, those tickets were always tossed out by a judge for lack of merit.

HOA's cannot ban passenger class pick-up trucks from HOA's for the same reason they cannot ban people with Econolline Ford Vans, and they can't ban
Motorcycles from HOA's either.

As long as it fits in the garage, it's none of nobody's business.
GuyM1
(Ohio)

Posts:278


10/19/2017 3:55 AM  
Wish I knew that I receive a ticket in Cleveland for parking in a truck zone in the 2000's. And I paid it and had Passenger plates.
LetA
(Nevada)

Posts:818


10/19/2017 8:39 AM  
I worked as a courier in Cleveland, I purposely got "truck" plates so I could park in "truck" zones. I drove a mini van at the time.
under the NON COMM plates in Ohio, technically one could get a ticket if you was hauling a piano in the bed. You still would have gotten a ticket
fro parking a F-150 in a truck zone by not having commercial "truck" plates.
LetA
(Nevada)

Posts:818


10/19/2017 8:42 AM  
Guy, I want to clarify the difference between parking in a truck zone and driving in a truck zone. BIG difference. I was ticketed several times driving my minivan with
commercial "truck" plates in a no truck zone.
GuyM1
(Ohio)

Posts:278


10/19/2017 9:36 AM  
No I received a ticket for parking in a truck zone because I had Passenger plates.
JohnB83


Posts:0


10/19/2017 10:16 AM  
Posted By GuyM1 on 10/19/2017 9:36 AM
No I received a ticket for parking in a truck zone because I had Passenger plates.




Soooooo, you received a violation for parking your truck even though it had 'passenger plates'.

I imagine the registration did NOT change the fact that it was, in fact, a truck.
GuyM1
(Ohio)

Posts:278


10/19/2017 10:30 AM  
Sorry I looked it up and it was for parking in a loading zone and I didn't have truck plates...so it's opposite of what you think...I GOT A TICKET FOR NOT BEING A TRUCK!!!!!!!
JohnB83


Posts:0


10/19/2017 10:34 AM  
aaaaaah

The importance of language and grammar !

I stand corrected in this particular communication snafu.



This shows why many CCRs are in dispute because of [poor] wording issues.
DaveD3
(Michigan)

Posts:796


10/19/2017 6:56 PM  
Posted By TimB4 on 10/18/2017 3:26 PM
John,

Why do you need so many threads on the same topic?





Maybe one of these:
a) he's totally dense and doesn't understand that words and phrases are subject to varying interpretation
b) he's on the opposing side in the other truck thread
c) beats me

Of the 3, I'm guessing #1
JohnB83


Posts:0


10/19/2017 6:59 PM  
Dave,

Please state YOUR interpretation of the following phrase:

No trucks of any kind ...





I do admit when I misinterpret something.
JohnB83


Posts:0


10/19/2017 7:04 PM  
Posted By DaveD3 on 10/19/2017 6:56 PM
Posted By TimB4 on 10/18/2017 3:26 PM
John,

Why do you need so many threads on the same topic?





Maybe one of these:
a) he's totally dense and doesn't understand that words and phrases are subject to varying interpretation
b) he's on the opposing side in the other truck thread
c) beats me

Of the 3, I'm guessing #1





Since I always have been in favor of enforcing restrictions in the Covenant until they are amended/changed, and an espouser AGAINST ambiguous (therefor unenforceable) restrictions I would guess that it is actually "c) beats me".
GuyM1
(Ohio)

Posts:278


10/19/2017 7:13 PM  
JOHN

The year is 2017 NOT 1950's!!!!!

Get over it!!!!

Meter 0%
GuyM1
(Ohio)

Posts:278


10/19/2017 7:36 PM  
Let's try this....Pickup trucks of today were not built when the bylaw was written so that definition of that truck bylaw doesn't pertain to today's pickup. Trucks of that day were trucks of that time not of this time...Please come to the Future!!!!!
And your any kind is of that time not this time!!!! Unless you want to go back in time and include the words and all future pickups that become passenger rated vehicles and ones that can hover off the ground and can go into outer space!!!
TimB4
(Virginia)

Posts:16542


10/19/2017 7:55 PM  
The equine is starting to smell.
DouglasM6
(Arizona)

Posts:724


10/20/2017 6:33 AM  
Posted By JohnB83 on 10/19/2017 6:59 PM
Dave,

Please state YOUR interpretation of the following phrase:

No trucks of any kind ...





I do admit when I misinterpret something.





Let me!

Since you seem to have such a problem with words, let's try pictures!!

https://www.google.com/search?q=No+trucks+sign&rlz=1C1KMZB_enUS552US552&source=lnms&tbm=isch&sa=X&ved=0ahUKEwin67Xop__WAhXKqlQKHdJ_BbQQ_AUICigB&biw=1680&bih=957

JohnB83


Posts:0


10/20/2017 6:46 AM  
http://truck-photos.net.s3.amazonaws.com/5045.jpg
JohnB83


Posts:0


10/20/2017 6:47 AM  
Tim,

The horse has actually liquefied.

DouglasM6
(Arizona)

Posts:724


10/20/2017 6:50 AM  
THAT! is a truck!

I feel that we are making progress!
JohnB83


Posts:0


10/20/2017 6:51 AM  
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Hypothetical Question



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement