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.
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