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Subject: Rules on Trucks
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Author Messages
LaurieM6
(Florida)

Posts:2


11/22/2019 9:32 AM  
My HOA just says no trucks. It does not specify anything more than that They do not want residents to own a truck.
Here is my complaint. They say you can not own a truck. fine
But they also read into that that you cannot have an overnight guest with a truck.
They have towed a truck recently.
I would like some feedback on this.
GeorgeS21
(Florida)

Posts:1469


11/22/2019 10:03 AM  
Laurie,

You are going to need to provide excerpted info from your docs to give us enough details.

What kind of association?
MarkW18
(Florida)

Posts:254


11/22/2019 10:54 AM  
Unless there is some type of safety concern regarding truck, the policy would be deemed discriminatory and throw out in a court of law.
GeorgeS21
(Florida)

Posts:1469


11/22/2019 10:58 AM  
Mark,

Perhaps leaving some space for uncertainty might be a good idea?

I think, depending on the deed restrictions, it could go either way.
MarkW18
(Florida)

Posts:254


11/22/2019 11:23 AM  
I found this on a search on the internet

Question:


I am having an issue at our community in Jupiter, Florida, in that they do not allow trucks to be parked at any time on the premises. Our development was constructed in 1981 and operates as an HOA. The original documents state

that “no trucks are allowed.” However, over time, many communities have changed these rules due to a changing society, which accepts trucks as passenger vehicles. Our association continues to fine residents who park trucks in the community. Is this reasonable?

Also, on the same note, the community has allowed a resident to place a charging station on the common area to accommodate an electric vehicle. My question is, if they change the rules to allow an electric vehicle, but they do not change the rule regarding trucks, would this be considered discrimination?

Answer:
The covenants found within a declaration of covenants are afforded a broad presumption of validity, and they are not invalidated unless they violate a fundamental constitutional right, are against public policy, or are arbitrary in their application. Restrictions on trucks in residential communities are very common, and they are generally enforceable. It is also not “discrimination” to allow certain vehicles, such as electric vehicles, but not others, such as trucks. Your truck does not have any rights of its own, and HOA covenants can be entirely unreasonable, so long as they do not violate the fundamental principles above. I am not aware that any court has recognized a public policy against banning trucks. There is no fundamental constitutional right to park or keep a truck, and the covenant is not applied arbitrarily (it applies to all trucks equally). So, if this is in fact a covenant in your declaration, it would be enforceable.

Where a rule like this would be subject to challenge is with respect to the definition of a truck. Most covenants are more elaborate, and specify the specific types of vehicles that are restricted—RVs, pickup trucks, panel vans, trailers, etc. If, for instance, your declaration literally restricts “trucks,” and if your association allows truck-type vehicles (such as SUVs or small pickups), you could make a reasonable argument that they are prohibited from enforcing the covenant against you because these vehicles constitute trucks, as well, and so the rule has been selectively enforced. There is some support for the idea that certain SUVs should qualify as trucks, particularly if they are built on a truck platform, and so that might give you an opening to challenge the rule.
LetA
(Nevada)

Posts:833


11/22/2019 5:56 PM  
Posted By LaurieM6 on 11/22/2019 9:32 AM
My HOA just says no trucks. It does not specify anything more than that They do not want residents to own a truck.
Here is my complaint. They say you can not own a truck. fine
But they also read into that that you cannot have an overnight guest with a truck.
They have towed a truck recently.
I would like some feedback on this.





Truck is a very broad and vague description. Does your governing documents have a glossary that defines what a truck is?
GenoS
(Florida)

Posts:3362


11/22/2019 9:34 PM  
Posted By LaurieM6 on 11/22/2019 9:32 AM
My HOA just says no trucks. It does not specify anything more than that They do not want residents to own a truck.
Here is my complaint. They say you can not own a truck. fine
But they also read into that that you cannot have an overnight guest with a truck.
They have towed a truck recently.
I would like some feedback on this.

If the CC&Rs say no trucks on the property then it doesn't matter who it belongs to. I've never seen any CC&Rs that say no one can own a truck. Most no-truck associations make exceptions for trucks coming onto the property to do work or otherwise provide services to the association or the individual homeowners.
GeorgeS21
(Florida)

Posts:1469


11/23/2019 5:18 AM  
Laurie,

Need some specific language - excerpts - from your governing docs.

Otherwise, we’re just pontificating.
LaurieM6
(Florida)

Posts:2


11/24/2019 10:41 AM  
The documents only say trucks,, nothing more. I understand they do not want owners to have trucks. we are a senior community and we are Self-Governed.
My complaint is they are saying you cannot have a guest stay overnight, even for one night as a visitor. Do they need to elaborate on the truck rule and can they tow a truck if you have an overnight guest with a truck?
SteveM9
(Massachusetts)

Posts:3412


11/24/2019 11:32 AM  
Posted By LaurieM6 on 11/22/2019 9:32 AM
My HOA just says no trucks.




No amazon deliveries for you. No trucks.
EdC5
(Florida)

Posts:114


11/25/2019 5:13 AM  
I’m going to put in my 3¢. In general, if a community’s CC&Rs prohibit something, then it’s prohibited. However, in recent years there has been discussion as to whether or not declarations prohibiting “pick-up trucks” is still enforceable since they’ve gone from being “work vehicles” to “everyday vehicles”.

Since I manage associations in Florida that’s what I’ll speak to. There are a few trial court opinions that restrictions on pickups are unenforceable, however since trial term opinions have no precedent value and, as far as I can find, no appellate court has ruled on the issue, I’d have to say that the CC&Rs are still enforceable. Also, there is substantial case law stating that covenants in a declaration are presumed valid and enforceable, and they are only unenforceable if they abridge some fundamental right, are arbitrary in their application or are against the public policy of the state.

Edward J Cooke, CMCA, LCAM
GeorgeS21
(Florida)

Posts:1469


11/25/2019 6:55 AM  
I would still like to see the language in this particular case.
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