TV Parking

toedtoes wrote:
Correct. But, according to the article, the homeowner is not suing to be allowed to park his truck in the driveway, but rather the HOA is suing to keep the homeowner from parking his truck in the driveway. That suggests that the rule does not, or not clearly, ban trucks from parking in the driveway, and the homeowner is not violating the rule.

But the article does state "private, passenger-type, pleasure automobiles"...definition can be subjective, but what can not be subjective is that the association owns the driveway. They can decide what can be parked there. They were told that they could park it in the garage.

Whether or not there are other trucks being allowed to be parked in the driveways, that's a different lawsuit.

Correct. But, according to the article, the homeowner is not suing to be allowed to park his truck in the driveway, but rather the HOA is suing to keep the homeowner from parking his truck in the driveway. That suggests that the rule does not, or not clearly, ban trucks from parking in the driveway, and the homeowner is not violating the rule.

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).

They may request anything they like. If the language says Passenger vehicles that is the restriction. If the truck is not a passenger vehicle it by status is not permitted.As for being in the yard. I would submit that landowner be removed from the county a yard is not a parking cite.

Atlee wrote:
But from what's we're read so far, passenger vehicles are allowed. If the state registers a pickup as a passenger vehicle, shouldn't a normal thinking person assume the pickup is fine for the subdivision.

Now, if the HOA rules specifically said pickups are not allowed, then no problem. But then the person who is under attack for having a pickup in their yard, certainly has the right to request that all pickups be tossed out of the subdivision.

bigred1cav wrote:
The purchaser knew the conditions of the Home Owners Associations and deed restrictions before they made the purchase. Why are you and they complaining about an agreed to contract?

Don't like the restrictions don't buy where the restrictions exist.

Lynnmor wrote:
Does this really belong in America?

Really Sad

I will never have to worry about HOA rules, because I would never move into a neighborhood that has HOA rules.

But from what's we're read so far, passenger vehicles are allowed. If the state registers a pickup as a passenger vehicle, shouldn't a normal thinking person assume the pickup is fine for the subdivision.

Now, if the HOA rules specifically said pickups are not allowed, then no problem. But then the person who is under attack for having a pickup in their yard, certainly has the right to request that all pickups be tossed out of the subdivision.

bigred1cav wrote:
The purchaser knew the conditions of the Home Owners Associations and deed restrictions before they made the purchase. Why are you and they complaining about an agreed to contract?

Don't like the restrictions don't buy where the restrictions exist.

Lynnmor wrote:
Does this really belong in America?

Really Sad

bigred1cav wrote:
The purchaser knew the conditions of the Home Owners Associations and deed restrictions before they made the purchase. Why are you and they complaining about an agreed to contract?

Don't like the restrictions don't buy where the restrictions exist.

Lynnmor wrote:
Does this really belong in America?

Really Sad

Sorry, I just thought that America should be free from this type of pathetic nonsense.

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).

While I do think it's redicilous, the home owners should of been given a copy of the rules when they moved in. I live in a neighborhood without an association. We have lived in them before. Why can't they park the truck in the garage?

The purchaser knew the conditions of the Home Owners Associations and deed restrictions before they made the purchase. Why are you and they complaining about an agreed to contract?

Don't like the restrictions don't buy where the restrictions exist.

Lynnmor wrote:
Does this really belong in America?

Really Sad