HOA goes to court to keep pickup truck out of driveway.
If you were the owner of the truck - what would you do?
What kind of vehicle is a pick-up
Discussion in 'Other Discussions' started by Salty, Jan 22, 2015.
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Revmitchell Well-Known MemberSite Supporter
I wouldn't live in a community that is run by a HOA
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I wonder what they would do about my car ... paint thin all over and no paint on the rusty hood. But it is a "private, passenger-type" car. I suspect that they would want the truck back.
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They asked for it when they purchased a home that did not include ownership of its driveway.
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InTheLight Well-Known MemberSite Supporter
The burden of proof is on the HOA. The key phrase from the HOA is that the vehicle must be a "private, passenger-type, pleasure automobiles." I would simply challenge the HOA to prove that I used my pickup for anything other than carrying passengers to/from non-commercial activities. If they can't prove that they don't have a case. I would also cite statistics showing that pickup owners use them primarily as private passenger vehicles.
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In New York State a pick-up truck is required to have commercial license plates - if it normally used in commerce - (eg - electrician, gardener, ect)
According to the article in the OP: pickup is registered with the state as a "passenger vehicle" and not as a commercial vehicle -
What constitutes a passenger vehicle? The ability to carry more than one passenger? That pick-up complies with that. It looks to be an extended cab truck so I'd guess that it can carry at least 4 passengers along with the driver.
If they are going to say that it cannot carry enough passengers, then they had better go after those who have two seaters as well.
I'm sorry but they are just cranky and have absolutely no foot to stand on. -
InTheLight Well-Known MemberSite Supporter
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Is it a car, or is it a truck? -
padredurand Well-Known MemberSite Supporter
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And be sure to have DD Form 1970 which is be dispatched by a BB moderator -
padredurand Well-Known MemberSite Supporter
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P.S.- The plane was destroyed in a tornado. His wife found out about it at that time. -