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LaurenW5
Posts: 2
Posted:
Please tell me what steps I need to take to get a homeowner to remove his commercial vehicle from the association’s complex. This has been going on for weeks if not months. I’ve written to the Board and management but see no response. It’s time for me to take action. Please give me guidance.
MarkR21 (North Carolina)
Posts: 710
Posted:
What do your ccrs say?
DouglasK1 (Florida)
Posts: 2,045
Posted:
As Mark suggested, you need to confirm what the verbiage is of any restriction, and what governing document it appears in. If it is in your CCRs and the association doesn't want to enforce, many CCRs say that any owner has the right to enforce. In practical terms, that generally means suing in court.

Escaped former treasurer and director of a self managed association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
How do you know the board is not doing anything? Just because it has not gone away, does not mean the board has not done anything. How do you think a HOA enforces restrictions? It is usually enforced by fines. Guess what? The owner can protest paying the fine or keep paying the fine. It may be cheaper to pay the fine than to rent a place to move the vehicle.

My two neighbors beside me are in violation for not staining their fence. Never the less, not getting permission to build the fences... Last I heard they were just ignoring the fines and doing nothing. Not much I can do about it but point it out to the MC. Who can keep sending them notices or fines.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Lauren

Several point well taken:

1. You do not know if the BOD is in contact with the person concerning a violation.

2. Commercial vehicles are very, very tricky to define.

3. As an owner, you have the right to legally pursue a violator.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
If you want a good advice regarding this problem you need to post what it says in your CCR's/Governing Doc about commercial vehicles. A description of the vehicle would also help. Is it a regular car or is it a large truck, van, etc.?
LisaB21 (Texas)
Posts: 97
Posted:
it can takes weeks/months to move a Deed Restriction violation far enough along to even get to the attorney stage. We have 4 letters, 30 days apart, that have to be sent before we can even vote to send it to the attorney for further action. Just because the vehicle isn't going away does not mean your Board/Property Management is not doing anything.
LaurenW5
Posts: 2
Posted:
I was on the Board as Secretary for a very brief time. I have not decided if I want to take legal action against the Board or the MC for not enforcing the covenants, conditions, and restrictions,therefore,I cannot comment further. My focus is on procedures and policies.

Declarations 10.20 - 10.21

10.20 Vehicles and Recreational Equipment- No truck or commercial vehicle, limousine,
mobile home, motor home, house trailer, utility trailer, camper, boat, boat trailer or other
recreational vehicle or equipment, horse trailer, bus, passenger vehicle without current
registration, van (other than a passenger van), or the like shall be permitted to be parked or stored
on any portion of the Property unless they are parked within a garage, or are located on a Lot so
they cannot be seen from any Streets and are shielded from view from any adjoining Lot (as
viewed from ground level). For the purposes of this rule the following definitions shall apply:

10.20.1 “Truck” means a vehicle with any sort of weight capacity, which has a
compartment or bed for carrying cargo, as opposed to passengers. Regardless if such
vehicle has a cover or “topper” for the cargo-carrying area, it shall be deemed to be a
Truck; however, “pick-up trucks” or “sport utility vehicles” with a cargo capacity of one
ton or less that are not Commercial Vehicles (as hereinafter defined) are permitted to park
on the driveway of a Residence.

10.20.2 “Commercial Vehicle” means any vehicle, which from viewing the exterior of
the vehicle or any portion thereof, shows any commercial markings, signs, logos,
displays, tool racks, saddle racks, or other elements of a commercial nature or otherwise
indicates a commercial use.

This prohibition of parking shall not apply to temporary parking of Trucks and Commercial
Vehicles used for pickup, delivery, and repair and maintenance of a Lot, nor to any vehicles of
Declarant.

Any such vehicle or recreational equipment parked in violation of these or other regulations
contained herein or in the rules and regulations adopted by the Association may be towed by the
Association at the sole expense of the owner of such vehicle or recreational equipment if it
remains in violation for a period of twelve (12) consecutive hours or for twenty-four (24) non-
consecutive hours in any seven (7) day period. The Association shall not be liable to the owner
of such vehicle or recreational equipment for trespass, conversion, damages, or otherwise, nor
guilty of any criminal act by reason of such towing, and neither its removal nor failure of the
owner of such vehicle or recreational equipment to receive any notice of said violation shall be
grounds for relief of any kind.

10.21 Parking. Owners shall park their vehicles within the Owner’s garage, in the driveway of
Owner's Residence, or in other areas on the Property designated by Declarant, the Master
Association or the Association. All parking within the Property shall be in accordance with the
rules and regulations adopted from time to time by the Master Association and the Association-
No on-street parking will be permitted unless for special events approved in writing by
Declarant, the Master Association and the Association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What exactly is wrong with a "commercial" vehicle being parked in a driveway? I never have gotten the reason this is so upsetting. Is it just because it's in the rules? If it's a well kept vehicle parked in the designated place like a driveway, then I personally have no issue with a truck with a sign on it.

If this was a big work truck with tool boxes all over it and in the street, then we have to talk. It is one thing to be there for work but another to leave it out when you live there. We don't allow for parking on the street anyways.

Former HOA President
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By MelissaP1 on 07/09/2022 11:34 AM
What exactly is wrong with a "commercial" vehicle being parked in a driveway? I never have gotten the reason this is so upsetting. Is it just because it's in the rules? If it's a well kept vehicle parked in the designated place like a driveway, then I personally have no issue with a truck with a sign on it.

If this was a big work truck with tool boxes all over it and in the street, then we have to talk. It is one thing to be there for work but another to leave it out when you live there. We don't allow for parking on the street anyways.

I’m glad you’re not our property manageable, or on our board.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Typically commercial vehicle restrictions are because the HOA wants to present a "Up Market Appearance". Like it or not, right or wrong does not matter. It is their desire.
KerryL1 (California)
Posts: 14,550
Posted:
Say, Melissa, my sister & husband moved to Bend, OR, and bought in an HOA that specifically prohibits such vehicles parking in the driveway. Because of all the rec opportunities there, they has hard time finding such an HOA. Believe me, she & her Karen neighbors are very diligent about reporting such violations.

It's not simply in Lauren's "rules," Melissa, it's in their CC&Rs. I agree with David.

"Hello Kitty" is a "commercial marking," Thad.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is MY OPINION about commercial vehicles being a violation. Now a days this rule seems a bit antiquated. More people work from home. They are allowed to take their vehicles home. Plus many of these people get paid more than I do. Do not see how it promotes the idea of being "poor" people work from trucks. Electricians, handymen, pest control, animal groomers, and various other companies now have "commercial" vans with their business advertised.

Where does one draw the line of what is "commercial" and what is not? Is a school bus commercial? A police car? A mobile dog groomer?

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Lauren clearly cited their CC&Rs. Take a look. No, actually read them.

While it's true many people work at home, I don't think the termite inspector, plumber, appliance repair tech do much "work at home."

It's not about whether YOU like an HOA's covenants or whether YOU think they're "dated." Like my sister, I assume you brought into your HOA thinking your covenants were OK with you.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By KerryL1 on 07/09/2022 4:08 PM
Lauren clearly cited their CC&Rs. Take a look. No, actually read them.

While it's true many people work at home, I don't think the termite inspector, plumber, appliance repair tech do much "work at home."

It's not about whether YOU like an HOA's covenants or whether YOU think they're "dated." Like my sister, I assume you brought into your HOA thinking your covenants were OK with you.


Lol. Yeah, I’m struggling to picture people who drive commercial vehicle working from home.

I get the argument that commercial vehicles is something you could have an opinion on either way. But there is hardly a rule of any kind that could not, in isolation, be seen as no big deal. But taken as a whole, there is a purpose to have restrictions. If you disagree with the concept then just don’t live in an HOA community. And please don’t manage one with that attitude.

LetA (Nevada)
Posts: 2,679
Posted:
Do you have signs posted at the entrance of your community pertaining to towing and who the company is?
that is one step, contract with a local towing company to tow cars that are red tagged for parking violations, and paring in a red zone, immediate tow.
Security companies usually do not like ordering a tow for a vehicle in violation, red tagging a vehicle is different, and guards will have no problems tagging an out of compliance vehicle.
It is best to have your property manager "order" the tow for an out of compliance vehicle. Typically an out of compliance vehicle has to be red tagged for 48 hours before it can be towed.
Check with your local laws in regards to towing vehicles from private property.
MarkR21 (North Carolina)
Posts: 710
Posted:
Quote:
Posted By KerryL1 on 07/09/2022 2:13 PM
Say, Melissa, my sister & husband moved to Bend, OR, and bought in an HOA that specifically prohibits such vehicles parking in the driveway. Because of all the rec opportunities there, they has hard time finding such an HOA. Believe me, she & her Karen neighbors are very diligent about reporting such violations.

It's not simply in Lauren's "rules," Melissa, it's in their CC&Rs. I agree with David.

"Hello Kitty" is a "commercial marking," Thad.

Good. To know make sure you tell your sister Karen to report any cars with any commercial logos like I don’t know a Ford or Chevy to Tesla emblem comes to mind
KerryL1 (California)
Posts: 14,550
Posted:
Why should I tell my sis anything? She's an intelligent grown-up. She and her fellow "Karens" keep a close eye on their 'hood. They all bought there for a certain "look" and read their HOA's docs BEFORE buying.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 07/09/2022 7:20 PM
Why should I tell my sis anything? She's an intelligent grown-up. She and her fellow "Karens" keep a close eye on their 'hood. They all bought there for a certain "look" and read their HOA's docs BEFORE buying.

I agree.

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