Condo by laws for commercial truck

[sailorgirl888]

Hello I'm from Connecticut.
I live in a condo complex. My new neighbor has a commercial vehicle that is registered to his place of employement. He parks it here each night. The board of directors sent him a letter to remove his truck. He complained to them that it was his only means of transportation. They then told him he could park in his driveway. My bedroom is next to his truck. He leaves at 6am Mon thru Sat. It wakes me out of a sound sleep each morning. I have complained to the board. They said the by law says he can park in his driveway (after they sent him a letter to remove the truck). I am copying a couple of paragraphs from the by laws. Any help would be greatly appreciated.
They sent 2 notices to my neighbor, one to move the truck and one that he could park in the driveway.

#12 - The parking areas shall not be used for any purpose other than to park registered automobiles. The guest parking areas are not to be used for the storage of trucks or other commercial vehicles. Such vehicles may only be parked in such areas as may be specifically designated by the board of directors, in their sole discretion. Each unit will have the right to park no more than 2 registered automobiles within the common elements, whether or not either one or both are garaged.

The bylaw was amended to in 1986 from this original rule:

Article IV, Section 9, part (f), states – “Garages are restricted to use by the Units to which such garage is a Limited Common Element, as storage and as a parking space for vehicles, specifically excluding, however, trucks, commercial vehicles, campers, and unregistered motor vehicles of any kind, whether or not garaged.”

Since they changed their mind after the first notice, does rule #21 stand?

#21 states, “Any consent or approval, given under these rules and regulations may be added to, amended or repealed at any time by resolution of the Board of Directors, after notice to and comment by the Unit Owners”.

There were 2 commercial vehicles that were asked to be removed a few years ago (after the amendment). I wonder why this vehicle has been allowed to stay.
I am woken up by the noise each and every day he starts and idles this diesel truck. Does this rule #7 protect me at all?
#7 “No unit owner shall make or permit any disturbing noises in buildings or by himself, his family, servants, employees, agents, visitors, and licensees, nor do nor permit anything by such persons that will interfere with the right, comfort, or convenience of other Unit Owners.”

This is a commercial truck not an automobile. What can I do? Thank you for any advice.

[seniorjudge]

Originally Posted by sailorgirl888

Hello I'm from Connecticut.
I live in a condo complex. My new neighbor has a commercial vehicle that is registered to his place of employement. He parks it here each night. The board of directors sent him a letter to remove his truck. He complained to them that it was his only means of transportation. They then told him he could park in his driveway. My bedroom is next to his truck. He leaves at 6am Mon thru Sat. It wakes me out of a sound sleep each morning. I have complained to the board. They said the by law says he can park in his driveway (after they sent him a letter to remove the truck). I am copying a couple of paragraphs from the by laws. Any help would be greatly appreciated.
They sent 2 notices to my neighbor, one to move the truck and one that he could park in the driveway.

#12 - The parking areas shall not be used for any purpose other than to park registered automobiles. The guest parking areas are not to be used for the storage of trucks or other commercial vehicles. Such vehicles may only be parked in such areas as may be specifically designated by the board of directors, in their sole discretion. Each unit will have the right to park no more than 2 registered automobiles within the common elements, whether or not either one or both are garaged.

The bylaw was amended to in 1986 from this original rule:

Article IV, Section 9, part (f), states – “Garages are restricted to use by the Units to which such garage is a Limited Common Element, as storage and as a parking space for vehicles, specifically excluding, however, trucks, commercial vehicles, campers, and unregistered motor vehicles of any kind, whether or not garaged.”

Since they changed their mind after the first notice, does rule #21 stand?

#21 states, “Any consent or approval, given under these rules and regulations may be added to, amended or repealed at any time by resolution of the Board of Directors, after notice to and comment by the Unit Owners”.

There were 2 commercial vehicles that were asked to be removed a few years ago (after the amendment). I wonder why this vehicle has been allowed to stay.
I am woken up by the noise each and every day he starts and idles this diesel truck. Does this rule #7 protect me at all?
#7 “No unit owner shall make or permit any disturbing noises in buildings or by himself, his family, servants, employees, agents, visitors, and licensees, nor do nor permit anything by such persons that will interfere with the right, comfort, or convenience of other Unit Owners.”

This is a commercial truck not an automobile. What can I do? Thank you for any advice.

What do the CCRs say about filing a complaint about how the rules are interpreted?

[seniorjudge]

Originally Posted by sailorgirl888

I don't understand your question.

What do the condo laws you quoted above say about filing a complaint about how the rules are interpreted?

[sailorgirl888]

There is no by law about interpretation. The only law that comes close is:
Any consent or approval, given under these rules and regulations may be added to, amended or repealed at any time by resolution of the Board of Directors, after notice to and comment by the unit owners.

Since they sent him notice to remove truck and then changed their minds and told him he could park in the driveway...would the above rule apply that they did not give notice to unit owners before approval?

The noise of the truck is loud and disrupts my sleep, forcing me to wake up M-Sat at 6am. Do I have to live with this? Do I have any rights at all to protect my investment? This truck will surely devalue our properties.

[seniorjudge]

Originally Posted by sailorgirl888

There is no by law about interpretation. The only law that comes close is:
Any consent or approval, given under these rules and regulations may be added to, amended or repealed at any time by resolution of the Board of Directors, after notice to and comment by the unit owners.

Since they sent him notice to remove truck and then changed their minds and told him he could park in the driveway...would the above rule apply that they did not give notice to unit owners before approval?

The noise of the truck is loud and disrupts my sleep, forcing me to wake up M-Sat at 6am. Do I have to live with this? Do I have any rights at all to protect my investment? This truck will surely devalue our properties.

You can either buy a set of ear plugs

OR

hire a lawyer and go to court to try to enforce your interpretation of the rules.