Do I have a chance against my Condo Association?

[ruckstande]

What is the name of your state (only U.S. law)? New Jersey

Okay, in February of 2010 I moved into my fiancées condo. I registered my 1996 Nissan hardbody pickup with extended cab with the association. I have been parking there since May of that year and have been parking there with no problem. On March 21st I had an illegally parked sticker placed on my vehicle. When I inquired about it I was told pickups are not allowed to be parked on the property. News to me, I was only aware that no commercial vehicles were permitted to be parked here. I have sent a letter to the association pleading for leniency and have received a denial letter. Tomorrow is the monthly condo association meeting and my girl and I are going to attend. Do I have a chance or even a decent argument? I didn't hide my vehicle, they sent me a permit hence "permitting" me to park here. Here are my documents so far. The first page is in response to the sticker. The next 4 pages are the documents they sent to me. The one document mentioning the SUV and van exemption I have never seen until today.

http://tinyurl.com/WatergateAssc

 

[NC Aggie]

Wow, never heard of a "pickup" not being permitted in a community. I'm assuming they're considering your truck to be commercial based on weight and/or size?

 

[colourfastt]

Wow, never heard of a "pickup" not being permitted in a community. I'm assuming they're considering your truck to be commercial based on weight and/or size?

It's far from unusual to have this restriction. I lived in a condo complex in FL that not only prohibited pickups, it prohibited motorcycles also.

 

[John_DFW]

Wow, never heard of a "pickup" not being permitted in a community. I'm assuming they're considering your truck to be commercial based on weight and/or size?

If I am thinking of the right model, it isn't even a full size truck.

Prevously unenforced rules are still valid rules. Given the popularity of trucks, perhaps the membership would be willing to vote to modify this rule. Many HOAs make the restriction based on weight or presence of commercial signs on the vehicle.

 

[ruckstande]

Was anyone able to click on the link with my documents? I have a photo of my pickup. It's almost cute. My point to the argument is that they gave me a permit, no questions asked after I registered what I had.

 

[John_DFW]

Was anyone able to click on the link with my documents? I have a photo of my pickup. It's almost cute. My point to the argument is that they gave me a permit, no questions asked after I registered what I had.

Whoever gave you that permit made a mistake, either in not knowing the rules or failing to realize what type of vehicle it was. That doesnt change the rules.

Some HOAs are proactive and are monitoring the property for violations, and others are reactionary to member complaints.

Personally I think your best bet is to propose modifying the rules and hope the members will vote for it in enough numbers to pass.

Im posting from my phone so not even going to try the link.

 

[ruckstande]

Ah freedom. I love how when we the people make a mistake we must suffer the consequences but when those in power make a mistake we still must suffer for it.

 

[John_DFW]

Ah freedom. I love how when we the people make a mistake we must suffer the consequences but when those in power make a mistake we still must suffer for it.

The HOA could argue that you made a mistake by not knowing and following the rules which were most likely readily available to you.

Since no pickups is quite restrictive, I would make any proposed rule change also very restrictive to stand the best chance of passing. People may not want to see large vehicles, signs on commercial vehicles, or trash or other debris in the back of trucks for example.

 

[dmcc10880]

I think you may have a shot OP. You should contact a real estate attorney who specializes in HOA issues.

To not recognize a "mistake" after a year is a joke.

Did the board follow the right procedures per the by-laws to make this change? Did they file the amendment correctly?

Regardless, it's unfair and possibly illegal in NJ (it is in some states) to retroactively change the rules/by-laws, etc.

 

[John_DFW]

I think you may have a shot OP. You should contact a real estate attorney who specializes in HOA issues.

To not recognize a "mistake" after a year is a joke.

Did the board follow the right procedures per the by-laws to make this change? Did they file the amendment correctly?

Regardless, it's unfair and possibly illegal in NJ (it is in some states) to retroactively change the rules/by-laws, etc.

There is a big difference in enacting a new rule and enforcing an existing rule.

Perhaps the OP can clarify the exact situation, but it sounds like existing rule that mistakingly went unenforced.

 

[dmcc10880]

There is a big difference in enacting a new rule and enforcing an existing rule.

Perhaps the OP can clarify the exact situation, but it sounds like existing rule that mistakingly went unenforced.

After reviewing the documents, it shows the by-laws were enacted in 2003. Therefore the HOA does have every right to do what they may. I was under the impression that they just amended the by-laws. My bad.

Just because they didn't enforce the rules for over a year, does not give the OP squatter's rights.

Maybe time for a trade in. Sorry OP.

 

[private_person3]

You could take it to court. I know in Florida a judge ruled against banning anything smaller than an F-250. The court determined that pick-ups are "aesthetically equal to many passenger cars and superior to many older vehicles presently parked..." It also ruled that the distinction between cars, trucks, etc. has changed. The judge said that pick-up trucks and SUV's "have become a staple of our society and to prohibit them would unreasonably interfere with the owners right to use and enjoy their property."

While that is in Florida, the argument seems potent enough that I would risk making in NJ.

Good Luck.

HOA - CONDO BAN ON TRUCKS QUASHED