HOA vs.Husbands Commercial Work Vechicle - Eager for some advice

[buttons_button]

My husband has a work vehicle that he drives to and from work. We just found out by our HOA (living here for a little over a year) that they are not allowed to be parked in the neighborhood. We understand. We told them we would put a cover over it they denied us. They sent us a picture they had taken of it and it was parked in the driveway. We have been back and forth with them since April asking for them to met us half way to come to a sort of compromise but they have denied us and won't really hear of it.
Several neighbors we have spoken to have mentioned to us to park it on the street and put a car cover over it when my husband is home from work. They mentioned that the HOA has no authority to even look under the cover, cite, fine or have it towed if it's parked on a state maintained (road) street and (which we live on) especially if it's covered which we plan to cover it. Hubby and I looked online and his work vehicle is not considered a commercial vehicle (It is a Ford Escape with a logo on both sides) if parked on the road by the county. So my question is do you know if they have any jurisdiction/authority if we parked on the road and covered it?
Virginia (only U.S. law)?

 

[xylene]

Well meaning neighbors don't always have the best advice, but they may be on track.

You are at an impasse with self help negotiations, so you probably should look into hiring a lawyer.

Are there other vehicles in the neighborhood who display signage?

One final point - I lived for years in Florida. In the area a number of people had work trucks, with lettering on them that was prohibited under the freedom hating HOA rules. Their solution was to get a discreet panel magnet that was the color of the car body and and cover the logos/lettering while parked, or use a magnetic sign and remove it when parked.

 

[Mass_Shyster]

Tell the HOA that the vehicle does not belong to you, and that the vehicle is not parked on your prerty, and that you have no legal means to compel COX to stop parking a COX owned vehicle on a public street near your home, and that if they do not want the vehicle there to take it up with COX and the local police.

Of course this is assuming the vehicle actually IS owned by COX and it is a punlic street.

 

[OHRoadwarrior]

Be careful parking on the street until you investigate city codes. Some cities have laws against parking commercial vehicles in housing areas when not being used for work at that time.

 

[Cedrus]

What is the specific wording in the by-laws that you ".....just found out....." ?

 

[buttons_button]

Well meaning neighbors don't always have the best advice, but they may be on track.

You are at an impasse with self help negotiations, so you probably should look into hiring a lawyer.

Are there other vehicles in the neighborhood who display signage?

One final point - I lived for years in Florida. In the area a number of people had work trucks, with lettering on them that was prohibited under the freedom hating HOA rules. Their solution was to get a discreet panel magnet that was the color of the car body and and cover the logos/lettering while parked, or use a magnetic sign and remove it when parked.

There are other vehicles with signage and they have covered with signs or a car cover, in fact one of the BOD said that past boards have approved it. For some reason they won't approve us.

 

[buttons_button]

Tell the HOA that the vehicle does not belong to you, and that the vehicle is not parked on your prerty, and that you have no legal means to compel COX to stop parking a COX owned vehicle on a public street near your home, and that if they do not want the vehicle there to take it up with COX and the local police.

Of course this is assuming the vehicle actually IS owned by COX and it is a punlic street.

The vehicle is owned by the company. I called the city and the road we are off of is a state maintained road.

 

[Just Blue]

There are other vehicles with signage and they have covered with signs or a car cover, in fact one of the BOD said that past boards have approved it. For some reason they won't approve us.

Is this a gated community?

 

[buttons_button]

Is this a gated community?

no. It actually once was 30 yrs ago but is no longer.

 

[buttons_button]

Be careful parking on the street until you investigate city codes. Some cities have laws against parking commercial vehicles in housing areas when not being used for work at that time.

I actually called the city, spoke to non emergency police, a desk officer and a friend who is a officer and they were not 100% sure but it was their opinion that if his vehicle is parked on a state maintained road that the HOA have no jurisdiction to do anything to penalize us. What is considered by the city as defined for commercial does not meet our criteria. It is considered commercial by the HOA if and especially if parked on our driveway which is considered private property.

 

[buttons_button]

What is the specific wording in the by-laws that you ".....just found out....." ?

Yes, we just found out. We moved 3 hours to this new area a year ago and never had an issue with a HOA so we just found out.


No truck, commercial vehicle, bus, trailer or recreational vehicle to include motor homes, travel trailers and boats, shall be
parked on any common area, street, lot, building site, or town home or sub-association parking area, except when delivering
to, or furnishing services to, a lot or living unit **************...... A motor home, travel trailer, or boat owned by a **************....
resident may be parked in a single-family homeowner’s driveway for no more than 48 hours and no more than twice per
month to load, unload, or service. Nothing herein shall restrict the ********************************************************.. from parking vehicles proscribed
by this section on country club property, or apply to the parking areas of commercial shopping centers within ********************************************************....

 

[buttons_button]

Any other thoughts? Does the Sate/city have more superiority than an HOA even if its a subdivision that HOA maintains but the road is maintained by the state if we parked his car on a state maintained road?

 

[justalayman]

Nothing herein shall restrict the ********************************************************.. from parking vehicles proscribed
by this section on country club property, or apply to the parking areas of commercial shopping centers within *********************

how far away is the country club parking lot?

Any other thoughts? Does the Sate/city have more superiority than an HOA even if its a subdivision that HOA maintains but the road is maintained by the state if we parked his car on a state maintained road?

you need to determine if the roads are owned by the HOA or they are public roadways. If they are maintained by the county/city, I would suspect they are public roads and as such, the HOA could not control who or what parks on the roadway.

. Hubby and I looked online and his work vehicle is not considered a commercial vehicle (It is a Ford Escape with a logo on both sides)

that is a commercial vehicle.

I like xylene's suggestion:

One final point - I lived for years in Florida. In the area a number of people had work trucks, with lettering on them that was prohibited under the freedom hating HOA rules. Their solution was to get a discreet panel magnet that was the color of the car body and and cover the logos/lettering while parked,

Of course, if the license plate signifies it as commercial, it won't work.

 

[buttons_button]

how far away is the country club parking lot?


A few blocks from my house.


you need to determine if the roads are owned by the HOA or they are public roadways. If they are maintained by the county/city, I would suspect they are public roads and as such, the HOA could not control who or what parks on the roadway.


that is a commercial vehicle. It is commercial by the HOA guidleines but the city guidelines does not consider his vehicle commercial.

I like xylene's suggestion: I do plan on covering even if we park it on the stateroad. Out of respect for their rules. Also, because I don't want no more trouble.



Of course, if the license plate signifies it as commercial, it won't work.

I actually was just looking through my house paper work and I couldn't find anything in it regarding the homeowners association. They mentioned when we first looked at the house how we had to pay monthly but my husband said he doesn't recall us signing anything. Anyway, your anwsers have been helpful and I appreciate it greatly. Thank You.

 

[justalayman]

I actually was just looking through my house paper work and I couldn't find anything in it regarding the homeowners association. They mentioned when we first looked at the house how we had to pay monthly but my husband said he doesn't recall us signing anything. Anyway, your anwsers have been helpful and I appreciate it greatly. Thank You.

look to the actual deed. It likely states title is subject to items of public record or possibly subject to the CC&R's of an HOA. You wouldn't have to sign anything but simply by accepting the sale with such a restriction would bind you to complying with the HOA rules.