HOA Discrimination?

[redfish414]

So I will try and keep this short. I don't normally put my business out there, no reason I just don't. I don't do facespace so I come here. Probably something to do with how much I hate Drama. Anyway...

My family and I Recently moved into a home that we currently lease with the intent to buy. We reside across the street from the head of the HOA. I drive a company vehicle. A 2013 Truck with a ladder rack and signage on the Front doors. I keep it relatively clean; not an eyesore.

After roughly 3 months we get an email stating we are in violation of the covenants and it's "Commercial Vehicle" Rule,Policy whatever you want to call it. After a little resistance via emails (more on why the resistance later) i complied and parked the truck about 10 minutes away at my inlaws. I did this because the actual owners of the homes are friends of ours and had quite a bit on their plates and I didn't want to make more waves in their lives with fines and whatnot.

NOW, since Last April, when we began to frequent the neighborhood, there is a home near the front that the homeowner parks a 1 ton Utility bed (Side Boxes No ladder rack) truck with signage on the doors in the driveway. When I made mention of this in the back and forth emails it was stated to me that this vehicle is parked behind a row of trees and neighbors can't see it, and no other homeowner has made any complaints about it.

I recently spoke to the closest neighbors to my home (2 homes; number 3 is HOA Lady), who also don't care for her, and said they could not care less if I parked my truck in my driveway. When the emails were exchanged I was told the neighbors were complaining about my vehicle specifically.

I can't confirm it, but I feel VERY certain that this lady is enforcing this "rule" only because we live across the street. the "rule" makes no mention of a ladder rack. When I asked if I had blank magnets made to cover the signage on the doors, I was told the ladder rack is still against the covenants.

If I'm breaking this rule then so is the other guy. i don't want him to have to move his truck, but I don't feel it's right to pick and choose who has to abide by the "rules" The covenants does not say all these things are only wrong if someone complains.

Anyone have any advice on how to go about fighting this? I'll post up the direct verbiage from the covenants on commercial vehicles

"Commercial Vehicles, of all types and kinds, are prohibited from being parked within the subdivision for a period of time exceeding twenty-four (24) hours except during the construction period of a residential dwelling, remodeling, or routine deliveries. This specifically includes but is not limited to all types of commercial vans, trucks, pick-up trucks and automobiles bearing commercial insignias larger than one foot square."

Am I missing somthing . As long as you do not park it longer than 23 hrs and 59 minutes you are abiding by the way it is written . So the way I read it is if you drive it home from work and leave the next day to go to work you are not breaking the rules

 

[Freedom6]

Does your truck title state clearly it is a commercial vehicle, or is it just a pickup truck? Just because it is used for a business does not make it commercial by state title/tag rules. I think they trump the weak definition presented in HOA rules. YMMV

Yeah I told her it's not a commercial vehicle its a fleet vehicle. She said it has signage, I said lll cover it up, she says it has a ladder rack. If I could remove it I would, but I'm sure then she would have a problem with the camper shell.
I asked her where does it say ladder racks are against the rules? If I put a ladder rack on my personal truck is that against the rules? It's not a commercial vehicle and doesn't have any signage?

The response was along the lines of they feel they didn't have to spell out every scenario of a commercial vehicle. Which means we left it open ended so we can do what we want.

 

[redfish414]

At my ex wife's house once in a while I would drive home my f550 stake body. Finally got a letter stating " parking of a commercial vehicle in the driveway is prohibited. So I began to park it in the street . My ex worked in compliance for a large company ....Needless to say we butt heads a lot as I enjoyed tiptoeing up to the line on issues just to test any loophole I could find ....She was totally black and white with rules and saw no Grey . Hence why we are no longer married

 

[z3]

"Commercial Vehicles, of all types and kinds, are prohibited from being parked within the subdivision for a period of time exceeding twenty-four (24) hours except during the construction period of a residential dwelling, remodeling, or routine deliveries. This specifically includes but is not limited to all types of commercial vans, trucks, pick-up trucks and automobiles bearing commercial insignias larger than one foot square."

The way this reads, you can park it for 23 hours and 59 minutes, start it up and move it a foot, then leave it for another 23 hours and 59 minutes without being in violation. The moment it is moving, it's not parked any more.

Just a thought.

also the way I read it.

 

[redfish414]

Heah I told her it's not a commercial vehicle its a fleet vehicle. She said it has signage, I said lll cover it up, she says it has a ladder rack. If I could remove it I would, but I'm sure then they would have a problem with the camper shell.

Agree, it's how it is defined in the covenants Not how she defines it . Stand your ground , wait for the the letter from HOA attorney , state your case to him and screw her Opinions. Been there done that and enjoyed it as well only because they ended up being the LOSER!!!!!

 

[hamburglar3]

Yeah I told her it's not a commercial vehicle its a fleet vehicle. She said it has signage, I said lll cover it up, she says it has a ladder rack. If I could remove it I would, but I'm sure then she would have a problem with the camper shell then.

Hmmm, I would invite the board over for a meeting or insist on joining the next meeting (it should be allowed in the rules). Bring the rules (copies for all), incidents of lack of enforcement around the corner, etc. Press them for the details they are trying to enforce. Ambiguity in a contract favors the party that did not write it.

I like to be a pain about this stuff with the board mainly because i was on it for a few years and want everyone to have some of the fun.

 

[GeauxLSU]

Yeah when I re read your post it dawned on me you were addressing others as well. My apologies. Although they ARE fun to read.

Right now now the truck is at my I laws about 10 minutes away. The neighbor owns a farm about a mile up the road that he told me to park anything there at anytime. So I'll probablly move it there.

I think I was unintentionally misleading when I said I drive a company truck. I have a company truck that I drive back and forth and around during my 8 hours to work. I Drive my personal truck all other times.

It's a crappy situation. I know if I fight it they will just make the other guy move his truck, which I don't want to be that guy, yet I wasnt raised to sit idly by. Not much I can do as a lessor I'm sure. Probably just easier to move the truck closer to the neighbors farm and let it go.

It's not about sitting idly by. It's about abiding by pre-existing rules.
Sounds like you've reached a workable plan with the free parking one mile away. (I take it you can't park the work truck in your backyard).
If you don't want to live in a neighborhood with those type rules you still have a different looming issue....

 

[GeauxLSU]

Am I missing somthing . As long as you do not park it longer than 23 hrs and 59 minutes you are abiding by the way it is written . So the way I read it is if you drive it home from work and leave the next day to go to work you are not breaking the rules

GLWS. It's not about 24 CONTIGUOUS hours, it's about having a commercial vehicle in a residential setting continously. The intent is clear. People aren't really this obtuse...

 

[Necrosis]

HOAs are awful and when we were buying our first house, we didn't even bother looking at any houses/neighborhoods that had them in place. As far as I'm concerned, as long as I'm paying the mortgage on my home, no one is telling me what I can and can't do with it.

Move, move quickly...why would you want to buy a home in a place like that?

 

[GeauxLSU]

HOAs are awful and when we were buying our first house, we didn't even bother looking at any houses/neighborhoods that had them in place. As far as I'm concerned, as long as I'm paying the mortgage on my home, no one is telling me what I can and can't do with it.
Move, move quickly...why would you want to buy a home in a place like that?

THAT is the way it is supposed to work.