Forum Discussion
bigred1cav
Feb 15, 2015Explorer
If the HOA defines passenger vehicle so be it. That was agreed to when the purchase was made of the property. It seems the owner is wanting to change the rules applied to owners living in the HOA district. If the rule has not been enforced it is no longer a rule and a court would hold so. If the rule is being enforced disparately it is no longer a rule and the court would hold so.
toedtoes wrote:
When the rules are straight-forward and consistently regulated, then I agree that the homeowner agreed to them when they bought the house and are subject to them.
But, again, the problems occur when the rules are subject to interpretation (e.g., is a pickup truck a passenger vehicle) AND/OR who determines that interpretation (e.g., does the HOA get to define "passenger vehicle" or does it follow the DMV's definition) AND/OR if the definition is part of the CC&Rs (e.g., does it state in the CC&R that the definition of a passenger vehicle is based on the DMV's definition or a different definition, and if the latter, is that definition and/or its source included) AND/OR that rule is being enforced consistently (e.g., no pickups are allowed to park in the driveways rather than just Joe's pickup is not allowed to park in the driveway).
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