What is the name of your state (only U.S. law)? Florida.
My HOA recently threatened to tow my vehicle claiming it is oversized. The HOA rule pertaining to “oversized” vehicles does not describe what is meant by an “oversized” vehicle or give any kind of definition of the classification. After asking the association under what grounds they are deeming my vehicle oversized, their reply was “The unpublished criteria we routinely use to determine an over sized vehicle is “ a vehicle which, in it’s original manufactured configuration, or re manufactured configuration in the case of limousines, is unable to be parked in a covered carport is deemed to be over sized.”
Mind you, not every parking spot has a covered carport, or any type of carport at all. There are various parking spots without a carport.
Can the association threaten to tow my vehicle based on an unpublished definition? If so, how can the HOA have a rule by which owners THINK they are abiding by, let’s say, at the time of condo purchase (not thinking their vehicle is oversized since the definition is not described in the rules), only to find out later, after condo purchase, that the HOA considers the vehicle oversized, that it cannot be parked in the lot, and then threaten to have it towed? Since this unwritten rule would be a big point of contention for many potential condo buyers and possibly deter them from buying a condo in the association, shouldn’t this unwritten rule be written? Many people make a living via vehicles that may not fit under standard car ports. Surely buyers should have the awareness of this limitation PRIOR to their purchase of a condo. But there is no way of knowing with simply reading (and believing) you are in compliance of the rules.
Does anyone have any advice? This doesn’t seem right.
My HOA recently threatened to tow my vehicle claiming it is oversized. The HOA rule pertaining to “oversized” vehicles does not describe what is meant by an “oversized” vehicle or give any kind of definition of the classification. After asking the association under what grounds they are deeming my vehicle oversized, their reply was “The unpublished criteria we routinely use to determine an over sized vehicle is “ a vehicle which, in it’s original manufactured configuration, or re manufactured configuration in the case of limousines, is unable to be parked in a covered carport is deemed to be over sized.”
Mind you, not every parking spot has a covered carport, or any type of carport at all. There are various parking spots without a carport.
Can the association threaten to tow my vehicle based on an unpublished definition? If so, how can the HOA have a rule by which owners THINK they are abiding by, let’s say, at the time of condo purchase (not thinking their vehicle is oversized since the definition is not described in the rules), only to find out later, after condo purchase, that the HOA considers the vehicle oversized, that it cannot be parked in the lot, and then threaten to have it towed? Since this unwritten rule would be a big point of contention for many potential condo buyers and possibly deter them from buying a condo in the association, shouldn’t this unwritten rule be written? Many people make a living via vehicles that may not fit under standard car ports. Surely buyers should have the awareness of this limitation PRIOR to their purchase of a condo. But there is no way of knowing with simply reading (and believing) you are in compliance of the rules.
Does anyone have any advice? This doesn’t seem right.
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