Commercial Use?

[Flabergasted]

I tried to post this message this morning but it still hasn't shown up on the bulletin board. If it shows up twice, please forgive me.
I live in Slaughter, LA, in a rural parish (county for you other folks). I own 6 acres in a subdivision (min 5 acre lots) with a "no commercial use" restriction. I own a small company that installs culverts and grades lots, all done on my customers' property. No customers EVER come to my home. There are other owners who have businesses registered out of their homes. I own an small mini-excavator which I pull on a trailer behind my 3/4 ton pickup and at the end of the day, park it on my property just as my wife parks her car when she comes home from work. There is another neighbor who has much bigger equipment than I do and yet another who runs a siding business out of his home and pulls his work trailer every day too. There are other examples, but you get the point. My immediate neighbor has filed suit against me alleging that I am violating the "No Commercial Use" restriction. My question is simply, "What is the definition of Commercial Use"?

 

[HomeGuru]

My response: read your county zoning ordinances and talk to them people.

 

[Flabergasted]

There IS a town ordinance that, in effect, says parking trucks, buses, equipment, etc. is permited, but the argument is that the restrictions take precedence. I found several examples of other CCC&Rs that specifically say you can or cannot (depending on the subdivision) park equipment and large trucks, but ours has no specifics. I need to find some definition of the term "commercial use" to prove that we are doing nothing "commercial" on our property.

Thanks for you initial reply.

 

[HomeGuru]

If the town allows it but the CC&R's restrict said use, the CC&R's rule. You need to get the definition from the CC&R's.

 

[Flabergasted]

I guess the problem here is kind of like Clinton's statement of " . . . it depends on how you define 'is'. . . "

The CCC&R only says "no commercial use." Period. There is no further explanation or definition. My neighbor says that bringing my equipment home at the end of the day IS commercial use. I say it is NOT. Since there is no specific language in our CCC&R, who defines what commercial use is? That's all I'm looking for - a legal definition of "commercial use."

 

[HomeGuru]

Ask your HOA to hire an attorney to give you the legal opinion.