HOA bylaws

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HOA bylaws

I have lived in my house for 3.5 years I’ve been parking commercial vehicles there for 2.5 years. I have had no issues until 3 months ago the HOA board sent letters saying I need to remove the vehicle. Now there are 3 other commercial vehicles in the neighborhood. And I believe they have not taken any action on them. How do I fight this? I need my truck for work.

Asked on December 21, 2016 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it is against HOA rules to park commercial vehicles at homes in the community, they can stop you from doing this, and the fact that they may not have acted against others does not allow you to keep your truck there--it is well-established that a failure to enforce rules against everyone does not prevent them from being enforced against individuals who violate them. On the other hand, if the HOA rules do not prevent commercial vehicles from being parked at your home, or if the HOA is not given the discretion or authority to require this, then you can do so--they can ask you to not park there (anyone can *ask* anything) but cannot prevent you. It all comes down to what the HOA rules say and what power the HOA has in this situation: i.e. do they have the authority  or not? If so, you can't park your truck there; if not, you can. So looking into the rules and the limits of the HOA authority is critical.


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