The HOA is coming after your truck

[shabby]

http://www.syracuse.com/news/index...._not_welcome_in_fayetteville_development.html

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 association wants an injunction to stop the couple from parking their pickup in the driveway of their home.

Curtin said a pickup "is not a passenger vehicle by definition."

That last quote is a doozy, is a f150 not a passenger vehicle?

 

[nickbits]

Pickups are ugly and I don't own one, so I don't have a problem with this.

 

[TheSlamma]

It's as much as a passenger vehicle as any SPORT UTILITY VEHICLE and my guess is 98% chance that is what the people complaining are driving since Americans hate cars now

 

[Zargon]

It's as much as a passenger vehicle as any SPORT UTILITY VEHICLE and my guess is 98% chance that is what the people complaining are driving since Americans hate cars now

second paragraph in they mention its a 2014 f150, they even have a picture

its a quad cab even

wtf

they just want people to park in the garage it seems


somehow the hoa owns the driveways.........

 

[TheSlamma]

second paragraph in they mention its a 2014 f150, they even have a picture

its a quad cab even

wtf

they just want people to park in the garage it seems


somehow the hoa owns the driveways.........

yes I know the complaints are about an F150.. what I said was the people COMPLAINING about the guy with the F150 probably drive SUV's which are just as much a passenger vehicle as the F150 is.

BTW these guys are lucky, when I lived out in the burbs for a year (shiver never again) everyone's garages were all filled with junk and for some reason no one wanted to park in their driveway, they ALL parked in the street, by the time it was done it was a one lane road hardly anyone could fit down. god I hate the burbs and HOA's that flat out do not address anything worthwhile.

 

[Blanky]

It even has a crew cab. HOAs like that give other HOAs a bad name. I can't see them winning. It's arbitrary and silly.

 

[shira]

It even has a crew cab. HOAs like that give other HOAs a bad name. I can't see them winning. It's arbitrary and silly.

No, it's not arbitrary. My own HOA document has very specific rules about the types of vehicles are NOT okay to leave parked in the open. These rules specifically call out pickup trucks. Constantly barking dogs are also not allowed. A person is provided with a copy of the HOA document well in advance of closing on their house, and they can obtain a copy well in advance of that if they choose.

At closing, home-purchasers sign a document that says they'll abide by the HOA rules. I believe they also sign a similar document when they apply for their loan. If they have a problem with any of the rules, they shouldn't purchase a home in my neighborhood.

So of course what happens is that someone buys a home and then proceeds to violate the rules. Why are they surprised when the HOA comes down hard on them?

 

[dud]

As ridiculous as this is I find it ridiculous that people would actually buy into a neighborhood where the HOA actually owns their driveways. Is this normal up north?

I guess these people are not allowed to do any PM to their vehicles?

🙁

 

[MrPickins]

No, it's not arbitrary. My own HOA document has very specific rules about the types of vehicles are NOT okay to leave parked in the open. These rules specifically call out pickup trucks. Constantly barking dogs are also not allowed. A person is provided with a copy of the HOA document well in advance of closing on their house, and they can obtain a copy well in advance of that if they choose.

At closing, home-purchasers sign a document that says they'll abide by the HOA rules. I believe they also sign a similar document when they apply for their loan. If they have a problem with any of the rules, they shouldn't purchase a home in my neighborhood.

So of course what happens is that someone buys a home and then proceeds to violate the rules. Why are they surprised when the HOA comes down hard on them?

We're not talking about your HOA.

The association cites its regulations, which limits parking in driveways only to "private, passenger-type, pleasure automobiles," according to the lawsuit.

The part that is arbitrary is the decision by the HOA that a pickup is not a passenger vehicle.

 

[cubby1223]

Pickup trucks are classified as commercial vehicles in this country.
http://en.wikipedia.org/wiki/Truck_classification

At least in my state of Illinois SUVs have the same license plates as any other passenger vehicle while pickup trucks had special B Class plates.

 

[MrPickins]

Pickup trucks are classified and registered as commercial vehicles with the state.

SUVs are passenger vehicles.

In which state?😕

This is definitely not the case in Texas, and apparently not in NY either:

Orlando and his lawyer, Tom Cerio, said the pickup is registered with the state as a "passenger vehicle" and not as a commercial vehicle. And the Orlandos do not have commercial drivers' licenses.

 

[Atomic Playboy]

The association cites its regulations, which limits parking in driveways only to "private, passenger-type, pleasure automobiles," according to the lawsuit.

Pleasure automobiles?

 

[shady28]

I think if I were these folks, and the HOA by some weird stretch won and forced them to stop parking their truck in the driveway, I would just go buy a regular passenger vehicle that meets their convenants and start parking that in the driveway.

Something like this :

 

[Darwin333]

No, it's not arbitrary. My own HOA document has very specific rules about the types of vehicles are NOT okay to leave parked in the open. These rules specifically call out pickup trucks. Constantly barking dogs are also not allowed. A person is provided with a copy of the HOA document well in advance of closing on their house, and they can obtain a copy well in advance of that if they choose.

At closing, home-purchasers sign a document that says they'll abide by the HOA rules. I believe they also sign a similar document when they apply for their loan. If they have a problem with any of the rules, they shouldn't purchase a home in my neighborhood.

So of course what happens is that someone buys a home and then proceeds to violate the rules. Why are they surprised when the HOA comes down hard on them?

If the HOA bylaws simply say that "only passenger vehicles may be parked in the driveway" a person would need to damn near be a lawyer to think a personal pickup truck, a quad cab that can hold just as many people as a car at that, isn't a "passenger vehicle". I sure wouldn't have thought that and a quick google search shows it varies state to state, I sure as hell didn't know that either. A metric fuckton of people drive pickups as their sole mode of transportation and I'd wager a weeks pay that at the very least 90% of them consider their pickups passenger vehicles. It is a vehicle that they put passengers in...

If the HOA bylaws are that vague, then imho this is bullshit. If it specifically states pickup trucks are not allowed to be parked in the driveway, then the home owners are retarded and wrong.

Edit: This is why I would never live in a HOA. People can and often do nitpick and twist the rules because they have way to much time on their hands or because they don't like someone. Rule booking someone to the point that they can't park their own vehicle in their own driveway is simply absurd.

 

[Fern]

While I've never lived in a HOA place, seems to me a lot of them have rules against pickup trucks parked on road or in driveway.

I think he's OK. I assume NYS law would apply. If so, this seems the relevant law:

Part 106 of DMV Regulations:

106.6 Pickup truck. A truck with a cargo bed and side walls, regardless of seating capacity within the cab.

(a) A pickup truck will receive a commercial registration except as provided in subdivision (b) and (c), below.

(b) A pickup truck which is used exclusively for non-commercial purposes with an unladen weight of five thousand pounds or less, and with no business advertising may receive a passenger registration, at the registrant's option.

Looks to me like he meets exception (b) under Part 106.6, thus it's not a commercial vehicle.

A number of sites mention additional requirements, but I think they're wrong. His truck s/b under 5,000lbs thus needs to only meet exception (b). The additional requirements (camper bed etc) look to only apply to vehicles weighing more than 5K.

If you wanna download the law, click here and go to second link of google search: https://www.google.com/?gws_rd=ssl#q=ny+state+Part+106+of+the+DMV+Regulations

Fern

 

[Darwin333]

Pleasure automobiles?

Sounds like the rules state you can park a muddy 4 wheeler or a golf cart in your driveway but they are trying to say the same rules prohibit one of the top 10 selling vehicles in the country from parking in the same driveway.

I can't believe a judge hasn't thrown this out given the vagueness of the rule and the fact that it's registered as a passenger vehicle in the state. Someone asshole the neighborhood either has way to much time on their hands or has a grudge.

 

[Darwin333]

I think if I were these folks, and the HOA by some weird stretch won and forced them to stop parking their truck in the driveway, I would just go buy a regular passenger vehicle that meets their convenants and start parking that in the driveway.

Something like this :

I would do exactly that too, buy some hoopty, get every color of spray paint home depot has and let my kids go wild painting it.

I am really really good at rule booking the fuck out of someone/thing if they piss me off by abusing said rules.

 

[shabby]

As ridiculous as this is I find it ridiculous that people would actually buy into a neighborhood where the HOA actually owns their driveways. Is this normal up north?

What im wondering is who gives these hoa's this power where you have to follow certain rules? Did they buy the area from a developer, sell the houses and are basically making sure rules are followed so the value of the area is kept high and profit from the sale of a house?

 

[Pipeline 1010]

No, it's not arbitrary. My own HOA document has very specific rules about the types of vehicles are NOT okay to leave parked in the open. These rules specifically call out pickup trucks. Constantly barking dogs are also not allowed. A person is provided with a copy of the HOA document well in advance of closing on their house, and they can obtain a copy well in advance of that if they choose.

At closing, home-purchasers sign a document that says they'll abide by the HOA rules. I believe they also sign a similar document when they apply for their loan. If they have a problem with any of the rules, they shouldn't purchase a home in my neighborhood.

So of course what happens is that someone buys a home and then proceeds to violate the rules. Why are they surprised when the HOA comes down hard on them?

This is exactly why I would never live in a neighborhood with an HOA. It's full of evil tyrants like shira who have no moral problem playing petty dictator and enforcing rules made of pet-peeves on people. The HOA boards are almost exclusively populated by people who take a perverse pleasure in telling other people what to do, and who get a sense of satisfaction upon successfully forcing people to comply with their whims.

 

[Darwin333]

What im wondering is who gives these hoa's this power where you have to follow certain rules? Did they buy the area from a developer, sell the houses and are basically making sure rules are followed so the value of the area is kept high and profit from the sale of a house?

Generally the developer creates a HOA and a lot of people enjoy living in one because it sets rules your neighbors have to follow which, if you agree with the rules, generally means you'll be living around like minded people.

Unfortunately as time goes on some asshole with way too much time gets elected to a position of power in the HOA and just like with the law, if you try hard enough you can rule book the fuck out of someone. This is especially true with a HOA because the rules/bylaws are often vague such as in this story. When you leave shit like that open to interpretation it just takes one power hungry, one grudge or even a seemingly do gooder with to much time on their hands to start fucking peoples lives up over bullshit.


Edit: For those saying that everyone knew all the rules going in, that isn't always true. Most HOA have methods of adding or changing rules. So you could potentially buy a house that has a HOA that you completely agree with and your neighbors can change the bylaws to make your vehicle (or whatever) against the rules after the fact even if you vote against it. The laws governing HOA vary by state so ymmv but all the people saying "you knew the rules going in" aren't always correct.

When put in positions of power people can become some spiteful, hateful and fucked up sons of bitches.

 

[Double Trouble]

Generally the developer creates a HOA and a lot of people enjoy living in one because it sets rules your neighbors have to follow which, if you agree with the rules, generally means you'll be living around like minded people.

Unfortunately as time goes on some asshole with way too much time gets elected to a position of power in the HOA and just like with the law, if you try hard enough you can rule book the fuck out of someone. This is especially true with a HOA because the rules/bylaws are often vague such as in this story. When you leave shit like that open to interpretation it just takes one power hungry, one grudge or even a seemingly do gooder with to much time on their hands to start fucking peoples lives up over bullshit.

I agree with this. I've been a member of our HOA for years now, partially to make sure some jackwad with too much time on his hands doesn't ruin things. The HOA can make someone's life miserable with all sorts of regulations and restrictions.

In this case, if i was a homeowner in that community, I'd be pissed at the HOA because this little stunt is going to cost you a lot of money. The lawyers and court stuff is going to cost a boatload, the HOA will probably lose, and all the homeowners will end up having to pay the bill. All because some jackass didn't like a pickup truck in someone's driveway. Beyond that, the value of all the houses there just dropped, because people won't want to live somewhere with idiots on the HOA. Get the owners together, vote out the HOA board members responsible.

 

[Ronstang]

This is a case where you simply burn down the fuckers house who is pushing this crap in the HOA....then he will no longer live there.

 

[Jhhnn]

HOA's too often the realm of petty tyrant wannabees? Say it ain't so!

 

[Exterous]

somehow the hoa owns the driveways.........

That seems pretty effed up to me. I wonder if the original intention was to have it that way so the HOA was responsible for driveway maintenance.

 

[Double Trouble]

That seems pretty effed up to me. I wonder if the original intention was to have it that way so the HOA was responsible for driveway maintenance.

No, a lot of places have such restrictions because they don't want people leaving vehicles out on their driveway for long times -- like boats, vehicles on blocks, RV's, winnabago, work trucks. They don't like the way it looks. I can't imagine most people would want to include a regular (non commercial) pickup truck under such a restriction, but someone (or multiple people) with this HOA has a burr up their butt about it.