HOA unwritten rule?

[Zigner]

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.

Getting snippy with the volunteers isn't going to help you.

 

[justalayman]

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.

So a car cannot be a commercial vehicle?

You’re talking about how the dmv classifieds vehicles. That is not the common use term.

 

[LdiJ]

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.

While that may be true, you are being disingenuous by attempting to say that you did not know that it would be considered to be oversized. It very clearly meets any outside definition of oversized.

 

[justalayman]

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.

Yes it does matter what you use it for. As in the above post, you are leaning on the definition of a vehicle for purposes of an operators license and registration. That is not the plane English definition of of commercial and that plain English definition is what will be applied

 

[Punofree]

Getting snippy with the volunteers isn't going to help you.

Perhaps you've missed all the snippiness of the volunteers. I don't aim to be snippy, but I'm feeling like I'm being critiqued rather than discussing the merit of an unwritten HOA rule - the intent of my post.

 

[Zigner]

Perhaps you've missed all the snippiness of the volunteers. I don't aim to be snippy, but I'm feeling like I'm being critiqued rather than discussing the merit of an unwritten HOA rule - the intent of my post.

I didn't miss a thing. Perhaps you missed who was here asking questions of whom.

 

[Punofree]

So a car cannot be a commercial vehicle?

You’re talking about how the dmv classifieds vehicles. That is not the common use term.

A car can be a commercial vehicle, but this is a personal vehicle. If the DMV classification does not apply, then I would want the definition of what a commercial vehicle is. If it is any vehicle used for commercial purposes, like business, etc., then again, my vehicle is not.

In any case, the issue is "oversized," not "commercial."
The HOA have never mentioned "commercial" to me because they know it is not.

 

[Zigner]

A car can be a commercial vehicle, but this is a personal vehicle. If the DMV classification does not apply, then I would want the definition of what a commercial vehicle is. If it is any vehicle used for commercial purposes, like business, etc., then again, my vehicle is not.

In any case, the issue is "oversized," not "commercial."
The HOA have never mentioned "commercial" to me because they know it is not.

A big ol' work van (whether used for work or not) is pretty much "oversized"

 

[Punofree]

Yes it does matter what you use it for. As in the above post, you are leaning on the definition of a vehicle for purposes of an operators license and registration. That is not the plane English definition of of commercial and that plain English definition is what will be applied

I am solely using it as a personal vehicle. It can fit my bike and my kayaks in one. That's it. Simple. I don't even have passenger seating inside of it so I can fit my gear.

 

[justalayman]

A car can be a commercial vehicle, but this is a personal vehicle. If the DMV classification does not apply, then I would want the definition of what a commercial vehicle is. If it is any vehicle used for commercial purposes, like business, etc., then again, my vehicle is not.

In any case, the issue is "oversized," not "commercial."
The HOA have never mentioned "commercial" to me because they know it is not.

A commercial vehicle;

One used in the line of business.

While you say they never mentioned commercial vehicles to you, why are you citing a section under commercial vehicles? If it’s not a commercial vehicle then tell them it isn’t a commercial vehicle therefor that section of the rules doesnt apply here.

If they want to complain about a personal vehicles size, have them cite a rule for that.

 

[justalayman]

I am solely using it as a personal vehicle. It can fit my bike and my kayaks in one. That's it. Simple. I don't even have passenger seating inside of it so I can fit my gear.

What do you use this gear for: strictly personal use or for something within your line of work?

 

[PayrollHRGuy]

This is the entire problem with the HOA's rule. It doesn't define "oversized". As best as I can tell the only place "oversized" is described in Florida law is when you are talking about trucks that require escorts.

It is a bad rule that needs to be fixed in their rules.

 

[Punofree]

While that may be true, you are being disingenuous by attempting to say that you did not know that it would be considered to be oversized. It very clearly meets any outside definition of oversized.

When I purchased the vehicle, I really did not believe that it would be considered oversized, as there are other Sprinter vans (albeit not high roof) and large trucks on big wheels inside the association. These likely all fit inside the carport, but again, back to my original point. How was I to know, or anyone else purchasing a condo, that the carport defines the criteria for "oversized"? The HOA association isn't even going by any outside definition of oversized! They're basing it off of the carport size, which is unbeknownst to anyone by the Rules and Regulations. They are admitting it's unwritten, but still saying "Well, that's what it is, remove your vehicle." Do you see what I mean?

 

[Punofree]

This is the entire problem with the HOA's rule. It doesn't define "oversized". As best as I can tell the only place "oversized" is described in Florida law is when you are talking about trucks that require escorts.

It is a bad rule that needs to be fixed in their rules.

Yes! Exactly. And it's interesting you mention trucks. The rule actually states "All oversized trucks or commercial vehicles, including trucks displaying trade signage, commercial vehicles which have commercial equipment..."

It seems as though this clause is aimed at commercial vehicles, but they are using it against me.

 

[Punofree]

What do you use this gear for: strictly personal use or for something within your line of work?

Strictly personal. I love to travel and go hiking/biking/kayaking. I only want for all my stuff to fit in a vehicle so I can take it all with me on trips.