Adams Stirling PLC


QUESTION: I own a FedEx delivery van and park it in my driveway at night in a gated community. State and city laws say I can do this. My HOA says their rules trump city and state law. True or false?

ANSWER: True. Even though the city or state may allow commercial vehicles in driveways, private restrictions in gated communities can prohibit commercial and recreational vehicles, but not all pickup trucks. City ordinances and state laws defer to recorded restrictions unless they specifically provide otherwise.

Definition. Commercial vehicles may be defined as any vehicle which:

  • displays the name of a business or other commercial enterprise or employer anywhere on the vehicle, (except on its license plate or license plate holder, or as a decal on a windshield or window, and except for passenger vehicles with government designations such as city inspectors, police, fire, etc.);

  • has a chassis with a capacity of 3/4 ton or larger, such as flatbed trucks, tow trucks, tractor-trailer rigs, and the like;

  • carries equipment, tools, or materials, related to a business which are visible from outside the vehicle such as ladders, pool supplies, plumbing equipment or materials, construction materials, landscape equipment or materials, etc.

  • is over 18 feet in length, bumper to bumper.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC