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Subject: Concerning "commercial vehicles"
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JayB5
(Georgia)

Posts:2


10/01/2014 10:00 PM  
Hello, I am new here. My HOA is Harrassing me for 2 issues. My sons work van ( he is the co-owner with his mother). I am his father Retired by Disability living in the house. I kept my CDL Drivers Lisence. To be A Commercial Vehicle the vehicle must weigh more than 10,000 lbs & carry 8 or more Passengers or Move Cargo. My sons work van is a standard van around 3,000 lbs. and has Graphics for the company, an HVAC company. According to DOT Regulations it is not a Commercial Vehicle, he uses it to get to his jobs, so the vehicle does not make money, it is for advertisement. So, they have Fined us & threatened to have it Towed. Now to the GOOD PART. They will not allow us to walk our Dogs on the sidewalk or the streets, MAINLY in the Cul-De-Sacs which are owned by the County DOuglas COunty Georgia. And, the Residents think their property lines are to the curb. The Survey of the Developement of about 35 houses & 12 or so vacant lots which is from the COurt Records has a Right-Of-Way of 50 feet, 30 feet for the roadway & 10 feet from the curb in towards the houses. Our male dog as all males lifts his leg to PEE, he pees on the Street Light Pole owned by Georgia POWER OR a utility box, electric, cable, telephone, internet. The residents think this is their property & have called the COunty Sheriff many times on us for this, TResspassing & Stalking, yeh, Stalking. We stay on the Road & our dogs leashes are 5 feet in length. Te Pres of the Board has been telling people that our dogs are "Aggressive". We were attacked 3 times by unrestrained dogs & our dogs protected us. We closed on the house on Aug 7, 2013. And there were no issues until Jan. 2014 when a new Pres was voted in. Since there has been talk about us to residents, & the talk has been inaccurate & in the by-laws there is a clause that no Resident can make another be embarrassed or uncomfortable, to make it short. So next week we are seeing an ATTORNEY in the hopes she will see the value in filing a Civil Suit since we have much of this in writing, from the Board & False Information given to the Police. They have forced us to video our dog walks to show that they are not aggressive. The neighbor across thes treet whose dog was loose @ MIDNITE IN LATE JULY & bit my older Female, an American Staffordshire Bull Dog which is nmstaken quite often as the so-called "PIT BULL" which there is really no such breed, just a name they gave the bull dogs people use for fighting. She called the POLICE & reported me as a Pedophile for video the children. Luckily when I showed the Sherriff the cideo I was narrating how my dog was not being aggressive. There is a Registered Sex Offender in the Community. A few months ago they said we could only walk our dogs between 6:30 A.M. & P..M. Well, we will see what the Attorney says next week,hopefully we will be able to sue the :BLANK OUT OF THEM". I an sure their Insurance Company will settle, because I am sure they do not want to spend $70,000 or so for their Legal Fees. There is so much more, I will stop here. Any comments will be greatly appreciated. Thank you for reading this longPost.... Peace To All;Jay
TimB4
(Virginia)

Posts:17766


10/02/2014 2:05 AM  
Jay,

Welcome to the forum. It's normally best to start a new topic vs. reactivating an old topic. This is because laws change and what was good advice in 2012 may be bad advice in 2014.


From reading your posting, I see that you are concerned over several issues. I would like to offer the following comments:


Commercial Vehicles: As you are finding out, Associations define commercial vehicles different than the DMV. Typically, Associations include any vehicle that have advertisement (be it painted, wrapped or magnetic signs) for a company or have ladder racks. Associations may also have issues with vehicles that are inoperable, not current in their registration or not properly displaying appropriate decals (safety inspection, parking permits, etc.). To identify how your Association defines a commercial vehicle, you should read your governing documents (CC&Rs, Articles of Incorporation, Bylaws and Resolutions).

My suggestion would be to either remove the advertisement at night or leave the vehicle parked at the company or on a street outside the development.

Pets: Typically, an Association may not prevent you from walking your pets. However, they can require that you utilize a leash when you do walk your pets (regardless if your pets respond to voice commands or not). You may need to ensure that your pets are walked in the heal position rather then allowed to be at the length of the leash.

Property Lines: Typically, individuals do own the property that a sidewalk (or sometimes even the road) is on. However, based on language in deeds or PLATs, there is an agreed upon easement (right of way) for the sidewalk, utilities, roads, etc. to be placed there. Normally, the sidewalk is considered public access. You may need to check local deeds or the PLAT for the development to determine where the easements are.

Legal Action: Legal action should be considered only when all else fails. This is because it's rare for either side to win 100% and there will always be both the intended and unintended consequences that will affect you, the Association and your neighbors. However, it can never hurt to obtain a legal opinion so you can make an informed decision.

Keep in mind that once you tell the Association that you will take legal action or an attorney writes a letter on your behalf, the Association can consider this pending litigation and withhold various information from you until you get a court order for that information. Therefore, do not threaten such action until you already have the information you desire.

When you visit the attorney, bring all documentation that you have along with a complete set of the Associations governing documents (don't forget the Resolutions). You may also want to obtain a copy of meeting minutes for the past year to take with you as well.

One option to correct the issue internally is to become involved in the running of the Association. Gather support and get yourself elected to the Board so you can become part of the decision process. Another option is to gather support and either recall or simply not reelect the current Board (or individuals on the Board). Then replace them with those willing to comply with the governing documents and applicable laws.


Here is some information for you:

Georgia Statutes provided by Lexis-Nexis. The applicable sections would be O.C.G.A. § 44-3-220 to § 44-3-235

Community Associations Network Georgia Page Provides various links to news articles, resources, etc. to HOA/COA issues specific to Georgia.


Hope this helps,

Tim
MikeS1


Posts:521


10/02/2014 2:22 AM  
There are numerous definitions of commercial vehicles. DOT, the state that you live in, our county has another and then as Tim points out, the HOA may have their own definition. Different HOA's have their own definitions in varying degrees. Our community uses this "Commercial Vehicles. Parking of commercial vehicles in open view within the community is not allowed. A commercial vehicle is defined as any vehicle that (i) bears any visible commercial advertising signs, names logos, dealer tags, letterings or initials (no including bumper stickers or similar sized stickers); or (ii) is used, or intended for use, as a car for hire or a work vehicle, which may be evidenced by open carriage of pipes, lumber or other work-related construction, equipment, machinery, materials or ladders, including but not limited to ladder racks, pipe racks, tools or other equipment; or (iii) vehicles designed or intended for use as commercial buses, cargo vans, express vans, delivery vans, flatbeds or trucks used for an other purpose other than for private/consumer use. Advertising is defined to include, but not be limited to the display of a company name and/or product name and telephone number and/or email address."

On the Power company Right-of-way.. They might have an easement here in this R.O.W., but the land owner might have more rights here. Good luck.
NpS
(Pennsylvania)

Posts:4215


10/02/2014 10:54 AM  
Unfortunately, ladder racks aren't mentioned in our docs. Wish they were.

We have 2 long time residents who would have a hard time with such a rule and we wouldn't want to antagonize them unnecessarily. Any thoughts?

We do have a weight restriction. But it looks like auto manufacturers are getting smarter - on some models, we haven't been able to find anything published - apparently there are many options and the published weight would depend on the options ordered.

Sikubali jukumu. Read all posts at your own risk.
NpS
(Pennsylvania)

Posts:4215


10/02/2014 11:10 AM  
Posted By NpS on 10/02/2014 10:54 AM
Unfortunately, ladder racks aren't mentioned in our docs. Wish they were.

We have 2 long time residents who would have a hard time with such a rule and we wouldn't want to antagonize them unnecessarily. Any thoughts?

We do have a weight restriction. But it looks like auto manufacturers are getting smarter - on some models, we haven't been able to find anything published - apparently there are many options and the published weight would depend on the options ordered.




Starting a new thread with this.

Sikubali jukumu. Read all posts at your own risk.
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