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Old 01-19-2015, 11:02 PM
 
Location: Michigan
29,391 posts, read 55,596,323 times
Reputation: 22044

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A homeowners' association has filed a lawsuit seeking to bar a resident in the town of Manlius from parking his own pickup truck in his driveway.

The Kimry Moor Homeowners Association has filed a lawsuit against residents David and Arna Orlando in Onondaga County Supreme Court because they are parking their 2014 black Ford 150 pickup in their driveway at 511 Kimry Moor, just outside the village of Fayetteville.

CNY homeowners sued, told they can't park pickup truck in driveway | syracuse.com
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Old 01-20-2015, 08:45 AM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,585 posts, read 81,186,228 times
Reputation: 57820
I agree with the owner, a pickup truck is more often than not just a private passenger vehicle these days, but the bottom line is, don't buy a home with an HOA. They are nothing but trouble. I prefer to be able to paint my house whatever color I want, park my cars where I want, and build any shed or other outbuildings I want.
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Old 01-20-2015, 08:50 AM
 
7,672 posts, read 12,822,090 times
Reputation: 8030
It makes me wonder if they are up to date on their HOA dues and if they follow all the other rules. Otherwise, why single them out? There's more to the story.

While it's ridiculous, they are the ones that bought a home in an HOA community. If I were them, I would move out.
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Old 01-20-2015, 08:58 AM
 
Location: Brentwood, Tennessee
49,927 posts, read 59,944,601 times
Reputation: 98359
"No pick-up trucks" is a rule that would not be enforceable in Tennessee LOL.

The problem is that the rules are too vague. "Private, passenger-type, pleasure automobiles" leaves too much room for interpretation. If they never wanted trucks of any kind parked in driveways, the covenants should have stated that specifically.

If his attorney is any good, the homeowner will win.
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Old 01-20-2015, 09:35 AM
 
8,079 posts, read 10,079,579 times
Reputation: 22670
Quote:
Originally Posted by Hemlock140 View Post
I prefer to be able to paint my house whatever color I want, park my cars where I want, and build any shed or other outbuildings I want.
Which is exactly the reason I prefer to live in an HOA community with strongly enforced rules. Especially as urban communities become more and more crowded, we need to act, not only for our own personal interests, but in the interest of everyone in the community.

Putting up a tin shed, or painting your house a bullous orange, having the dog which barks for hours on end, Christmas lights which are up year 'round, or parking four cars on your lawn are insulting to your neighbors. Such behavior basically says I don't care about you or the community. That is fine, and there are plenty of places for you to do so.

Otherwise, we have communities with strong HOA's to protect the rest of us from selfish "me first' behaviors.
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Old 01-20-2015, 09:37 AM
 
Location: Salem, OR
15,578 posts, read 40,434,848 times
Reputation: 17483
I would consider a pick up truck a private, passenger-type, pleasure automobile. I think they aren't going after the full sized pick up, the SUV, and van because they all have backseats that can hold passengers. Why having larger vehicles is okay and not the smaller one is beyond me.

I think the homeowner will win.
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Old 01-20-2015, 09:58 AM
 
Location: Vermont
11,760 posts, read 14,654,294 times
Reputation: 18529
I thought it was a bit odd that the homeowners' lawyer said that it's a silly rule. It would be more consistent with their legal position to argue in the press that his clients are entirely in compliance with the rule.
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Old 01-20-2015, 10:09 AM
 
Location: Myrtle Beach
1,544 posts, read 1,700,099 times
Reputation: 3882
I will bet there's more going on here. Someone on the board or a neighbor doesn't like them? They consistently push right to the edge of the HOA rules in other areas?
I have no problem with HOA's provided the rules are reasonable and consistently applied to everyone.
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Old 01-20-2015, 10:24 AM
 
Location: Dallas/Ft. Worth, TX
3,072 posts, read 8,415,478 times
Reputation: 5720
Sounds like the HOA is the owner of the driveway (???) according to the article. That's an interesting point. As a result they are pushing their rules and the envelope as they see it, right or wrong.

This is not uncommon and a few years back here in Frisco, Texas a resident, who by the way does own their driveway, was also hit by their HOA for parking a pick-up in the driveway Texas man: HOA declared my pickup truck not fancy enough for neighborhood . When this happened they showed the vehicle and quite frankly even though it was an F150 it really wasn't a pick-up and was more akin to the Navigator, etc.

Most of this is all about appearances just like many other HOA rules.
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Old 01-20-2015, 10:34 AM
 
983 posts, read 1,181,370 times
Reputation: 1988
My last home was in a golf course community and had an HOA

They were pretty lax and I was friends with one of the 'enforcers' so I never had a problem.

I did know that if you got on their wrong side they would target you for silly and frivolous infractions.

----------------------

Needless to say when I bought my new house I made positive there was no HOA.

Current neighbor is an ass and does not upkeep his property very nicely, so there is no perfect place to live.
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