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HOA unwritten rule?

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Punofree

Junior Member
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 After asking the association under what grounds they are deeming my vehicle oversized, their reply was “The unpublished criteria we routinely use to determine an over sized vehicle is “ a vehicle which, in it’s original manufactured configuration, or re manufactured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Can the association threaten to tow my vehicle based on an unpublished definition?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.
 
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LdiJ

Senior Member
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 After asking the association under what grounds they are deeming my vehicle oversized, their reply was “The unpublished criteria we routinely use to determine an over sized vehicle is “ a vehicle which, in it’s original manufactured configuration, or re manufactured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.
What kind of vehicle are we talking about, exactly?
 

HRZ

Senior Member
D

it might make sense to define L W H Max's going forward and grandfather current exceptions ...but making sense is far from a popular issue.

BTW just what do you have .

My FiLs old Caddy Fleetwood was longer than most garages ...
 

justalayman

Senior Member
Many people make a living via vehicles that may not fit under standard car ports.
and your point? I’ve know a lot of semi truck drivers in my life. They make their living driving semi trucks. Do you think they should be able to park their trucks at their homes with your rules as written?

Beyond that you may want to look for a rule against parking commercial vehicles at your property. Many hoa’s prohibit that as well.

Anyway, can they threaten? Yes
Can they tow? It’s not a matter of can they but is it lawful. The bigger question is; will they, whether you believe it’s lawful or not.

Do you have recourse? I would suggest starting with whatever process your hoa provides for contesting a citation for a violation of the rules. If worse comes to worse you can sue, if your vehicle is towed, seeking a courts definition and view of the rule in question.
 

Punofree

Junior Member
and your point? I’ve know a lot of semi truck drivers in my life. They make their living driving semi trucks. Do you think they should be able to park their trucks at their homes with your rules as written?
It seems you have missed my point. My point is that if many people make their living from the use of a specific type of vehicle, and they purchase a condo in the association BELIEVING they are in compliance of the rules, since no specific definition for "oversized" is defined, they would never know that they are NOT in compliance. The HOA will of course try to enforce on him/her an UNWRITTEN criteria later on, but in the moment of reading and deciding to comply with the Rules and Regulation, they would never know they are in fact not in compliance. It's not written anywhere. In other words, the prospective condo owner would read "No oversized vehicles...blah blah...," thinking they're in compliance, purchase a condo, only to then LATER find out after having already purchased the condo, that their vehicle is not allowed to be parked in the association. It wouldn't be fair that the information is not disclosed if this would affect the decision of purchasing a condo in the first place. This owner happens to make his living using a vehicle that does not totally fit inside a carport, but has NO knowledge that that's what the HOA means by "oversized" until it's too late when the HOA is threating to tow the vehicle. The owner would have had no idea of this criteria PRIOR to condo purchase since it is unwritten. How can that be lawful to try to enforce an unwritten criteria when the very criteria may have swayed the purchase of a condo within the association in the first place?? I hope that makes better sense.


Beyond that you may want to look for a rule against parking commercial vehicles at your property. Many hoaÂ’s prohibit that as well.
Yes I'm aware, and this particular "oversized vehicle" rule is written within the commercial vehicle clause, which makes it seem like it applies even less to my vehicle. My vehicle is not commercial, or commercially marked in any way.

Anyway, can they threaten? Yes
Can they tow? It’s not a matter of can they but is it lawful. The bigger question is; will they, whether you believe it’s lawful or not.

Do you have recourse? I would suggest starting with whatever process your hoa provides for contesting a citation for a violation of the rules. If worse comes to worse you can sue, if your vehicle is towed, seeking a courts definition and view of the rule in question.

Thank you for your advice. I just want to see if there is merit here to move forward. I want to understand how unwritten rules can be enforced against an owner when the very unwritten rule may have deterred someone's purchase of a condo within the association in the first place.
 

Punofree

Junior Member
it might make sense to define L W H Max's going forward and grandfather current exceptions ...but making sense is far from a popular issue.

BTW just what do you have .

My FiLs old Caddy Fleetwood was longer than most garages ...
I have a Dodge Sprinter High-top. Non-commercial. It likely fits lengthwise inside the carport (would maybe slightly stick out from the lines), but height-wise, it may not. Again, not all parking is car port parking. A lot of the parking lots have no carports, so there are places to park other than under a carport.

I agree with supplying a better definition for potential future buyers/renters. But what about my current circumstance? Do I have any merit here?
 
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LdiJ

Senior Member
I have a Dodge Sprinter High-top. Non-commercial. It likely fits lengthwise inside the carport (would maybe slightly stick out from the lines), but height-wise, it may not. Again, not all parking is car port parking. A lot of the parking lots have no carports, so there are places to park other than under a carport.

I agree with supplying a better definition for potential future buyers/renters. But what about my current circumstance? Do I have any merit here?
I did not ask you your make and model, I asked you what kind of vehicle it is. Its an extended cargo van. A very extended cargo van. It is a commercial vehicle.

You should have known that it would be considered to be an oversized vehicle.
 

PayrollHRGuy

Senior Member
I did not ask you your make and model, I asked you what kind of vehicle it is. Its an extended cargo van. A very extended cargo van. It is a commercial vehicle.
And he answered you.

I have a Dodge Sprinter High-top. Non-commercial. It likely fits lengthwise inside the carport (would maybe slightly stick out from the lines), but height-wise, it may not.
 

justalayman

Senior Member
Yes I'm aware, and this particular "oversized vehicle" rule is written within the commercial vehicle clause, which makes it seem like it applies even less to my vehicle. My vehicle is not commercial, or commercially marked in any way.
So this is your daily grocery getter? Do the kids car seats fit well? What prompted you to purchase Sprinter for personal use?
 

Punofree

Junior Member
I did not ask you your make and model, I asked you what kind of vehicle it is. Its an extended cargo van. A very extended cargo van. It is a commercial vehicle.

You should have known that it would be considered to be an oversized vehicle.
Actually, you didn't ask what kind of vehicle it is either. You asked "BTW just what do you have ."
So if I was being as nitpicky as you about what you are trying to ask for, I wouldn't have actually ever answered you since you never put a question mark at the end of your statement. But since I think we both understood the intent of the information you were seeking, I just provided more than a sufficient answer because I am thorough like that. I feel as though arguing semantics here is a waste of time.

Be careful when you say "a very extended cargo van." They come in 4 different lengths. I could have the 144" wheelbase which MORE THAN fits in a standard parking lot. The 158" and 170" are near identical in length, while only the wheel base varies. By the definition of a "commercial vehicle," my van is not one. If the vehicle itself has a gross vehicle weight rating of 26,001 pounds or more, that is a CMV.
In addition, my vehicle was not threatened to be towed based on being a commercial vehicle. It was going to be towed based on being oversized by an unwritten criteria.


Perhaps I've come to the wrong venue/website. By the tone, I feel as though a lot criticism and opinions are being thrown my way - without any real technical justification.

Is there anyone that can help me from a legal standpoint?
I would much appreciate it. If not, it's okay. Thanks for everyone's input.
 

Punofree

Junior Member
So this is your daily grocery getter? Do the kids car seats fit well? What prompted you to purchase Sprinter for personal use?

How is this conducive to what the HOA is telling me, what the rules are, and what my situation is?
If you must know, I like the Dodge Sprinter because it fits all my gear (tent, bikes, kayak). But that is not of any matter here. I could say "I simply like the way it looks," and that should suffice.
 

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