Company Vehicle Issue

Started by GeorgeW5 • 68 replies • 15673 views

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GeorgeW5 (Florida)
Posts: 18

Posted:

I have a problem I'm hoping to get some answers and help with the issues at hand before I go to the HOA board.My wife and I have been living in our neighborhood for about 10 years now. In that time I have never seen the rule of no company vehicles in driveways overnight enforced. At my place of employment I was offered a promotion and large raise to take a new position which involves response to emergency call out's. I do this every 6 weeks for a period of 2 weeks straight. Keep in mind there are 8 other company vehicles that have been parking here ever since I can remember. I just finished my call out duty weeks and the next day I recieved a letter from the HOA telling me that if I park my company vehicle in my driveway again the will take legal action against me fine and tow the vehicle. When calling the the phone number on the warning letter I was told they are starting to crack down on that issue of company vehicles and was told that everyone that drives one got a warning letter. So I went to the other people that have them and no one else recieved a warning. I have tried to contact the HOA president to find out why me and no one else got the warning and she refuses to speak to me about this issue. What can I do?

In need of some help please.
George

RogerB (Colorado)
Posts: 5,067

Posted:

George, why not park in your garage.

GeorgeW5 (Florida)
Posts: 18

Posted:

Its a little tight to get the truck in and out of the garage on top of getting more warnings for having my wife's car and her sons parked on the street. If I were to do that I would have to move 2 vehicles every time I get called out, plus put them all back, then when I get home from a call out I would have to do the same. My last call out cycle from 9:00 pm till 5:00 am I was called out 4 times in one night, imagine going thru all that moving cars around in one night.

Thank you for your response
George

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GeorgeW5:
It is obvious with the 2 sons' cars, your wife's car and your car, and now your 'business/call out car' you have more cars to be parked than your unit/garage was intended for.

On the night or shift you are working, could your wife remove her car from the garage so you can use the garage to move in and out as needed for your shift.

Further, if your wife and sons are already getting warnings for parking on the street, there must be another designated area for them to park so they won't be in violation. There must be a way for you and the Board to reach a solution, but sometimes the solution may not be 'convenient'.

PatrickH (California)
Posts: 204

Posted:

Hi George,

First take a picture or two of your vehicle and print them out so when you meet with the Board, they will know exactly what your vehicle looks like.

Next, take a look at your governing document, the CC&R's, Rules and Regulations, etc. See exactly what they say about parking regulations and restrictions. Make sure for yourself that your vehicle is or isn't the type that is prohibited from parking outside the garage. If you believe that your vehicle isn't subject to the restrictions, make a copy of the rule, bring it with you along with the vehicle photos to the meeting and ask the Board to explain why your vehicle is being cited.

Third, when you get your oppurtunity to meet with Board, bring up the issue of "selective enforcement". That's when an HOA enforces a rule against one member of the HOA without emforcing it against other members.

If the HOA really is enforcing the rule against everyone who drives a company vehicle, and your vehicle doeas fall under those restrictions, then there's not much you can do besides following the rule.

DonnaS (Tennessee)
Posts: 5,671

Posted:

George,
That is exactly what you must do. Comply! Read your cc&rs and see what the parking restrictions are. You have to follow them or get letters.
BUT--I would kindly remind the BOD, that if they are going to enforce your vehicle, that indeed, they must enforce everyone. As Patrick said, selective enforcement is not good for the community and you would have a legal leg to stand on if it got that far. BUT!! Don't let it get that far.
Also, because they have not enforced this covenant up until now, doesn't mean that it shouldn't be. Previous Boards did a lousy job if they had failed to do enforcement.

GeorgeW5 (Florida)
Posts: 18

Posted:

We only have 3 vehicles and while I'm on call only 2 because mine is parked at my place of employment for the 2 weeks no one has got any warnings for parking on the street yet because we dont do it, its not just a night shift its 24/7 for 2 weeks straight.

HaroldS (Arizona)
Posts: 906

Posted:

You didn't say what type of emergency you were required to have your vehicle available for. But here is Arizona's law designating which emergency vehicles can override (notwithstanding) HOAs rules for commercial vehicles. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01809.htm&Title=33&DocType=ARS
Check your state planned community laws to see if they might also address your issue.
In the meantime if you are being singled out for enforcement, gather all the information on other violations you can (including other types of violations they may not be enforcing) and be ready when they proceed with enforcement on you. Simply put: selective enforcement is not allowed. Harold

GeorgeW5 (Florida)
Posts: 18

Posted:

This is word for word for their parking. No trucks used primarily for *commercial* use, trailers, campers, or other habitable vehicles of any type, boats or boat trailers shall be parked overnight or for more than four (4) daylight hours within the property. My vehical is not used for commercial use, It has a state license plate on it. Just to make things clear on the subject I work for a utility company that services this area

GeorgeW5 (Florida)
Posts: 18

Posted:

I work for the water utility company that services our area. I may not be a police officer, fireman, or any thing like that but when I go on call I get called out on emergency's. When a water main breaks and property or roadway's get damaged people like to see me show up, or when someone breaks something off inside their homes and their house is getting flooded out inside at 2 am and they cant get the water off its an emergency to those people.

Thank you for your input

George

GeorgeW5 (Florida)
Posts: 18

Posted:

How am I supposed to comply when I dont know which rule their going to enforce this week? In my opinion they have no right whatsoever to enforce this rule on just me or anyone else in this neighborhood. We have been here for at least 10 years and its never happend so why now? I was going thru the rules of the subdivision and I found in their that the utility easement between the sidewalk and curb are not supposed to have any planting of trees or plants of any sort in them for maintence of utilities. I went around and found 36 homes in violation of this, How would them home owners feel if I pushed to get this enforced its not cheap to get a tree removed these days.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GeorgeW5: Selective enforcement does not give you the right to not follow the dictates and rules of your community, even though you would like to. You agreed to the rules when you purchased, and that stands whether others follow them or not.

If the Board is indeed selecting certain rules to enforce and only sending violation notices to certain residents, then they are not responsibly carrying out their duty.

Take photos of those violations, note the house number/s, copy the violation clause from the document/s, and mail all to the Board. Ask when all rules will be enforced fairly and without evidence of selective enforcement.

DonnaS (Tennessee)
Posts: 5,671

Posted:

GeorgeW5,

I am totaly agreement that #1, your vehicle may not be condsidered "Commercial". My asociation has had the Vehicle monkey on our back since turnover. We took a written poll of the residents, asking if indeed we should start the amendment process of removing or rewording this pain in all of our necks. The results were 92%, were in favor of KEEPING the restriction "as is"

#2, that you may be selectively enforced. If you are, then shame on your BOD. Appeal to them for easing your restrictions. You are considered a emergency vehicle. Try to work with them, even tho you feel angered. If you still feel that this is unfair, then start the process to have this amended. That would be the right way to handle this. But in the mean time, to not get involved in fines and nasty letters from the BOD,put it in the garage. It's the rule.

As Harold has stated in every post concerning this subject, it is an outdated or stupid covenant. Maybe to some but that is why we debate this almost every day.

HaroldS (Arizona)
Posts: 906

Posted:

George - there you go. A public utility vehicle is a "notwithstanding" in Arizona. Have you checked your state laws? Harold

GeorgeW5 (Florida)
Posts: 18

Posted:

How do I check the state laws on that?

Thank you very much
George

DonnaS (Tennessee)
Posts: 5,671

Posted:

Motor Vehicle Dept or whatever state department does your licensing. They will give you classification standards.

HaroldS (Arizona)
Posts: 906

Posted:

No -George needs to find planned community laws in his state which will reflect whether his state has addressed the issue of emergency vehicles being allowed to be parked "notwithstanding" HOA rules. I referenced the Arizona statue above. George should look for something similar in his state. If George would memtion what state he is in, perhaps we can help him find the relevant statues. Harold

GeorgeW5 (Florida)
Posts: 18

Posted:

I live in Orlando Florida. I have been looking but am unable to find anything about this issue.

I would truely like to thank you all for the help you are giving me, it takes a load off my mind just knowing their is something I can do about this.

MicheleD (Kentucky)
Posts: 4,491

Posted:

A utility vehicle, in our jurisdiction, is still considered a "commercial" vehicle. It has a "commercial" function in that its only use is in the course of you doing business on behalf of the utility company. You use it to do your job and it has no other purpose.

People confuse "commercial" vehicle to mean only vehicles for companies that make a profit. Church vans, for example, are considered "commercial" if they have the signage for the church marked on them.

In addition, with the exception of police vehicles, any vehicle that has the company's name on it also falls under the "signage" restriction. So government vehicles, for example, that have the state seal on the side of the car or van would still need to be parked in the garage, even if the car is a Taurus.

Also, just because the people you asked told you they didn't get a letter, doesn't mean they really haven't. We had a resident complain that we were singling him out because he asked 2 other people parking their company vans if they got a notice and both said no, when, in fact, both HAD received the notices and were just ignoring them. And, since it can take many months to finally obtain compliance, you may not have any idea what type of communication is going on between the board and the other non-compliers.

Anyway, it's inconvenient, no doubt, but if the board has established that your vehicle falls under their interpretation of commercial vehicle, and barring any state or local statutes that my override that interpretation, it would still probably be in your best interest to comply.

Good luck!

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By GeorgeW5 on 10/06/2007 7:00 AM
Its a little tight to get the truck in and out of the garage on top of getting more warnings for having my wife's car and her sons parked on the street. If I were to do that I would have to move 2 vehicles every time I get called out, plus put them all back, then when I get home from a call out I would have to do the same. My last call out cycle from 9:00 pm till 5:00 am I was called out 4 times in one night, imagine going thru all that moving cars around in one night.

Thank you for your response
George

Since you can park the vehicle in the garage, I suggest that you do so until you get this situation straightened out.

"Selective enforcement" is not appropriate so if you cannot park your vehicle in the driveway or on the street, nobody else should be able to either. Parl it in the garage while you document similar vehicles parked in apparent violation.

Another solution that I've seen posted here is a blank magnetic sigh the same color as the vehicle which is placed over any logo or lettering when the vehicle is parked in the driveway.

Another solution may be to park it outside the HOA authority and drive to it when necessary. I know of a very large neighborhood in my former state where this is done.

In the end, it's not what's convenient or inconvenient for you that matters, it's the CC&Rs and their fair and even enforcement.

Ron
SC

Jadedone4 (Virginia)
Posts: 495

Posted:

All, I have read the OP, and the responses, and have a follow-up question, or add-on... George mentioned that his vehicle has "STATE" tags. In my jurisdiction, vehicles with "state" designations also have "official use" on them. If this is the case for George, doesn't that satisfy exclusion as a "commercial" vehicle?

MicheleD (Kentucky)
Posts: 4,491

Posted:

Jadedone, a state vehicle is not immune to the "commercial" vehicle designation in either our subdivision or our city/county ordinances.

The size of it alone would classify it as "commercial" for the city/county zoning.

I wonder why it would not be considered commercial?

Are people presuming that "commercial" only means that it applies to vehicles owned by private companies? Companies that "make a profit"?

"commercial" would include a meaning of not intended for regular consumer use. Which is why church transportation vans are considered "commercial" vehicles.

If the vehicle can be identified either by type of vehicle (like a big utility truck) or by signage that it is not intended for general consumer usage, then it is considered "commercial."

The ONLY exceptions that exist in our jurisdiction are take-home police cruisers and other specifically and narrowly defined "safety" vehicles.

DaneC (California)
Posts: 210

Posted:

I think most of us sympathize with your circumstance which sounds like a genuine "need to".

Have you tried reporting the matter to your management, union, public utilities commission, county officials/politicians? I am sure that you are not the only person in the whole of Florida with this problem, so perhaps there needs to be a political solution. As I recall there was that flap about flying the flag a while back, and the Governor signed retroactive legislation!

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By PaulM on 10/06/2007 10:18 AM
GeorgeW5: Selective enforcement does not give you the right to not follow the dictates and rules of your community, even though you would like to. You agreed to the rules when you purchased, and that stands whether others follow them or not.

If the Board is indeed selecting certain rules to enforce and only sending violation notices to certain residents, then they are not responsibly carrying out their duty.

Take photos of those violations, note the house number/s, copy the violation clause from the document/s, and mail all to the Board. Ask when all rules will be enforced fairly and without evidence of selective enforcement.

Selective enforcement is unfair to everyone and this should not occur. I found this was going on in our association when I became involved and I am taking steps to eliminate it.

There will likely be a clause in you documents to the effect that failure to enforce any provision does not prevent the association from enforcing it in the future.

Ron
SC

GeorgeW5 (Florida)
Posts: 18

Posted:

I won the HOA cannot fine me for parking on the street. loop holes in every law ha ha The county ownes the streets not the HOA..... and they will not write me a ticket...ha ha YOU GOTTA LOVE THIS COUNTRY...

HaroldS (Arizona)
Posts: 906

Posted:

Good for you George for getting the street parking issue settled in your HOA! But I don't see how being allowed to park in the street has eliminated your "commercial" vehicle problem? Harold

GeorgeW5 (Florida)
Posts: 18

Posted:

The HOA does not own the roads so they cant enforce any vehicle that parks on the road.

NancyD1 (Florida)
Posts: 447

Posted:

The HOA cannot dictate the public roads but they can tell you not to park a commercial vehicle in the driveway.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By GeorgeW5 on 10/13/2007 9:53 PM
I won the HOA cannot fine me for parking on the street. loop holes in every law ha ha The county ownes the streets not the HOA..... and they will not write me a ticket...ha ha YOU GOTTA LOVE THIS COUNTRY...

You should be so very proud of yourself.

The police may not write you a ticket but the HOA can still take action against you because you are a member and must abide by the CC&Rs.

Ron
SC

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Your HOA cannot take action against me for parking on the streets in your community but your HOA can take action against you for parking on the streets even if they are not owned by the county. You are a member of your HOA and subject to its CC&Rs.

Ron
SC

MicheleD (Kentucky)
Posts: 4,491

Posted:

That is correct, Ronald.

The police are not there to enforce our deed restrictions.

However, the HOA can still enforce deed restrictions that include on-street parking by residents.

Our streets are owned and maintained by the county.

We have a CC&R that restricts commercial vehicles, unless parked during the course of doing work at the house, and restricts parking on the streets in excess of 4 hours or overnight.

From time to time we get a homeowner who wants to test our ability to enforce those restrictions.

So, while the police will not ticket or tow, we can obtain an injunction and have a judge uphold the deed restrictions. Then, when the homeowner continues to violate, the court will then find the homeowner in contempt of court for violating a court judgment and the court can then either jail the offender or impose a daily fine until compliance -- and the court then sets that fine -- and then the court then places the lien.

So, we rarely have homeowners get to the stage where they are actually trying to defend in court WHY they think they don't have to follow the deed restrictions.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GeorgeW5:

..."The HOA does not own the roads so they cant enforce any vehicle that parks on the road."

How does this help your cause of wanting to park your commercial vehicle in your driveway?

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By GeorgeW5 on 10/13/2007 11:08 PM
The HOA does not own the roads so they cant enforce any vehicle that parks on the road.

Are you sure of that statement. In Colorado I believe when the dedication plat states the association reserves the rights to enforce the Declaration of CC&Rs within their boundaries then they can enforce no parking restriction on the dedicated roads.

GeorgeW5 (Florida)
Posts: 18

Posted:

I'm totally sure of that statement. It was fought in florida and the HOA lost in court. The only person that can ticket me is code enforcement. And I dont think I'll have to worry about that happening. But I'm not going to be stupid about the issue at hand. I'm allowed to park my vehicle in the driveway as long as I cover the doors and back in so my state tag is not showing. but its nice to know that I have a second choice in the matter for parking on the street.

DJ1 (Ontario)
Posts: 798

Posted:

I'm not so sure MicheleD is correct on this because the road is PUBLIC. I think it is a given that the HOA has the right to enforce the CCR's against the properties that are deed restricted, however the HOA has NO jurisdiction on non-deed restricted property (read: PUBLIC property, the street which isn't deed restricted).

If one followed Michele's logic then the HOA would have a say in a members actions on ANY public lands which surely is not the case. Where is the line drawn then Michele, on the public street in front of George's house, on the public street a block away, etc etc?

Quote:

Posted By MicheleD on 10/14/2007 5:00 PM
That is correct, Ronald.

The police are not there to enforce our deed restrictions.

However, the HOA can still enforce deed restrictions that include on-street parking by residents.

Our streets are owned and maintained by the county.

We have a CC&R that restricts commercial vehicles, unless parked during the course of doing work at the house, and restricts parking on the streets in excess of 4 hours or overnight.

From time to time we get a homeowner who wants to test our ability to enforce those restrictions.

So, while the police will not ticket or tow, we can obtain an injunction and have a judge uphold the deed restrictions. Then, when the homeowner continues to violate, the court will then find the homeowner in contempt of court for violating a court judgment and the court can then either jail the offender or impose a daily fine until compliance -- and the court then sets that fine -- and then the court then places the lien.

So, we rarely have homeowners get to the stage where they are actually trying to defend in court WHY they think they don't have to follow the deed restrictions.

HaroldS (Arizona)
Posts: 906

Posted:

"It was fought in florida and the HOA lost in court." George, can you cite the court case on this please? Thanks, Harold

SusanJ3 (South Carolina)
Posts: 61

Posted:

Quote:

Posted By RonaldW on 10/14/2007 6:16 AM

You should be so very proud of yourself.

The police may not write you a ticket but the HOA can still take action against you because you are a member and must abide by the CC&Rs.

I don't know. We had a public street flowing through our community in Annapolis, and I parked my RV there for a while until we took it to Florida. They complained, but I reminded them that we had been sent a letter that the street had been turned over to the city and that was where we were to park cars that had not been reported to the association. I won on that technicality. Three weeks later, we took it to Florida as we had told them we would.

DaneC (California)
Posts: 210

Posted:

Quote:

Posted By HaroldS on 10/15/2007 6:24 PM
"It was fought in florida and the HOA lost in court." George, can you cite the court case on this please? Thanks, Harold

The Third District Court of Appeal in Miami ruled 2-1 that the city of Coral Gables can't enforce the "unconstitutional" code that for years prevented residents from parking pickups in their driveways overnight.

In the ruling, Senior Judge Alan R. Schwartz called it "frightening" for a government to make something illegal because some people don't like the way something looks.

"Our nation and way of life are based on a treasured diversity, but Coral Gables punishes it," he said.

http://www.sun-sentinel.com/news/local/broward/sfl-flbcondocol0905nbsep05,0,5570879.column

MicheleD (Kentucky)
Posts: 4,491

Posted:

DJ1 said: "If one followed Michele's logic then the HOA would have a say in a members actions on ANY public lands which surely is not the case. Where is the line drawn then Michele, on the public street in front of George's house, on the public street a block away, etc etc? "

I am not only "correct," but we have been successful against several who have tried to "challenge" along those lines.

In 3 separate cases, the resident's attorneys encouraged their clients to not fight because they would not win.

DJ1 (Ontario)
Posts: 798

Posted:

If that is the case Michele, just where does the HOA 'rule' end? I am assuming the CCR's aren't registered on the deed for the streets within the subdivision but maybe they are? What stops you from using your powers to stop parking on a street adjacent to the HOA then?

Quote:

Posted By MicheleD on 10/16/2007 2:10 PM
DJ1 said: "If one followed Michele's logic then the HOA would have a say in a members actions on ANY public lands which surely is not the case. Where is the line drawn then Michele, on the public street in front of George's house, on the public street a block away, etc etc? "

I am not only "correct," but we have been successful against several who have tried to "challenge" along those lines.

In 3 separate cases, the resident's attorneys encouraged their clients to not fight because they would not win.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By DJ1 on 10/17/2007 5:26 AM
If that is the case Michele, just where does the HOA 'rule' end? I am assuming the CCR's aren't registered on the deed for the streets within the subdivision but maybe they are? What stops you from using your powers to stop parking on a street adjacent to the HOA then?

Give it up DJ1. Everyone knows an HOA has no authority outside the boundaries of the HOA. The lesson is to we are wise not to assume something about which we are not aware.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By GeorgeW5 on 10/15/2007 4:41 PM
I'm totally sure of that statement. It was fought in florida and the HOA lost in court. The only person that can ticket me is code enforcement. And I dont think I'll have to worry about that happening. But I'm not going to be stupid about the issue at hand. I'm allowed to park my vehicle in the driveway as long as I cover the doors and back in so my state tag is not showing. but its nice to know that I have a second choice in the matter for parking on the street.

OK, If you're logic is correct (and I don't believe it is), please explain these situations for the rest of us:

Many HOAs place restrictions on times and dates that trash and garbage may be placed curbside for collection. Since "curbside" is usually a city or county easement, are you saying the HOA cannot enforce these restrictions?

Many HOAs enforce specifications for "delivery recepticles" (mailboxes, newspaper boxes, posts, etc.). Since again, these are located within the city or county easement, are you saying the HOA cannot enforce these specifications?

You may not get a ticket from the police or code enforcement, but the HOA can take legal action against you if it chooses to. By purchasing your home or lot, you are bound by the CC&Rs of the HOA.

Is your purpose to destroy your neighborhood or your HOA? Be carefull what you wish for, you may get it. If you somehow manage to destroy the HOAs ability to limit parking on the street, you may find that your neighbor parks his or her vehicles on the street in a manner that makes it difficult or impossible to get your vehicles in and out of your own driveway. And they would be parked legally so there would be nothing you could do about it. And what if they park in front of your house, preventing you from doing so?

Ron
SC

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

You're not serious are you?

Ron
SC

GeorgeW5 (Florida)
Posts: 18

Posted:

Once again the meaning of commercial vehicle is

* any single vehicle with a gross weight rating of 26,001 pounds or more - my vehicle does not weigh any where near that.

* a trailer with a GVWR of more than 10,000 lbs - I dont pull a trailer

* A vehicle designed to transport 16 or more passengers )including the driver) I cant carry 16 people in my truck

* Any size vehicle that is used in the transpotation of any material that requires hazardous materials placards. I dont carry hazardous materials.

That is straight out of the state of florida hand book for commercial vehicles My work truck does not fall under any of the above How is it a commercial vehicle?

Jadedone4 (Virginia)
Posts: 495

Posted:

GeorgeW5, you have quoted your state's definition of a commercial vehicle.

What is your HOA's definition of a commercial vehicle (as that can be amplified to mean MORE than what the state's definition would be - can be MORE, but never less than).

The above question only applies to your post, IF you are parking on the NON-HOA property; minute you ccme on to HOA property the rules become what the HOA's governing documents define commercial vehicle as.

I am more interested in the fact that your tags are designated as state/county official tags, and your take-home vehicle is for official use, during those periods. If that is valid, it seems to me that you are not in violation of the HOA's prohibition of commercial vehicle. In my mind there is a distinction between official use tagged vehicles, and commercial.

GeorgeW5 (Florida)
Posts: 18

Posted:

The rule in the HOA where I live you are not allowed to put a structure, planting of trees shall be placed or permitted to remain which will damage or interfere with the installation or maintence of the utilities system.
Garabage collection will not interfere
One mailbox per street for mail delevery
News papers get to the front door.
no posts in the easements.
That rule is a county rule that is enforced by the HOA and why? so when the water main breaks or leaks in front of your house I dont have to take a backhoe and knock you nice concrete mail box out or rip your trees down when this emergency happens.
As far has a neighbor blocking my driveway, we have enough respect for each other to not do that to each other when my neighbors have a party or alot of company over or when we do the same, as a courtsey to each other we ask if its alright to park in front of each others house we dont need a dictator telling us when and where we can park.
Out of the 66 homes in our subdivision if you go by their rules 32 homes are in violation of some sort. Every direction you drive out of here is low income housing or people that do not make alot of money, We are not living in Bay Hill Florida living beside Aronold Palmer Playing Golf everyday
it is a working class neighborhood with common working people that work to pay their morgage and upkeep their homes. In my honest opinion the HOA needs to slack off on some of their dumb ass rules.

GeorgeW5 (Florida)
Posts: 18

Posted:

Word for word what it says.

No trucks used primarily for commercial use, trailers, campers or other habitable vehicles of any type, boats or boat trailers shall be parked overnight or for more than 4 daylight hours within the property unless parked in a completely enclosed garage or other wise not visiable from the street. No vehicle of any type shall be permitted within the property unless it has a current license tag issued within the laws of the state of florida.

My vehicle belongs to the state of florida, and thats the laws they want to use so why cant I park here? my plate says state of florida on it. and our plates are the same as the florida highway patrols plates why can they park here and not me?

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By GeorgeW5 on 10/17/2007 5:42 PM
...............................
it is a working class neighborhood with common working people that work to pay their morgage and upkeep their homes. In my honest opinion the HOA needs to slack off on some of their dumb ass rules.

You and your neighbors agreed to be bound by those "dumb ass rules" (actually, legally enforceable covenants) when the homes were purchased. Why do you think things should change for everyone just because you are not happy with them? And why did you purchase a home in a nighborhood with "dumb ass rules" in the first place?

Ron
SC

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By GeorgeW5 on 10/17/2007 5:42 PM
................ we dont need a dictator telling us when and where we can park.

The HOA official enforcing the covenants is no more a dictator than a police officer is when he or she enfoces laws and ordinances.

You just don't get it, do you?

Ron
SC

GeorgeW5 (Florida)
Posts: 18

Posted:

When I mentioned the issues Im having at work our director of purchasing called me in his office and told me last year when he was president of his HOA except it was with a city vehicle with the same circumstanses as mine of coarse he did not like doing it but he said he done what the rules said and started the letters and so on. When push came to shove the city employee got an attorney about the issue and actually filed a complaint against the HOA for harrasment, and Bob was telling me after the letters started he started parking on the street and know one knew why ofcoarse the HOA gave it to their attorneys and it went to the court room and the HOA lost because of the fact that they pay no fees for maintaining the roads the city paves them every 8 years with city money, and because of the fact of that the HOA had no proof of ownership of the roads just as the have no ownership of the easements for utilities because the city also maintains them to. Till this day that person still parks his city truck in front of his house on the street and their is nothing anyone can do about it period. The advice I was given about parking on the street was given to me by a former HOA president who lost on the issue of parking on the street. In my neighborhood I inquired about who actually owned the streets and it is the county, the county is also incharge of code enforcement which who will have to write tickets to me for parking on the street which I have been already informed that they will not write a ticket on a state vehicle for parking on their streets so when I discussed this issue with our HOA president after weeks trying to talk to her that is when I was told I could park in my driveway as long as I backed in so the state plate was not showing and I cover my doors with magnet covers.

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