Homeowners Association Sues Pickup Truck Owners, And You Won’t Believe Why
A Homeowners Association in New York is suing the owners of a 2014 black Ford F150 pickup truck, but it’s not for what you might think. Apparently the Kimry Moor HOA doesn’t consider the truck to be a personal use vehicle.
David and Arna Orlando, residents of the town of Manlius, are not allowed to park anything but a personal use vehicle in their driveway. According to their HOA, their Ford F150 is considered a commercial use vehicle, and they have sued the Orlandos as of August 2013 for parking it where they believe it doesn’t belong.
People generally vary on the reasons why they own certain vehicles. Someone might buy a Volkswagen Beetle for its maneuverability, or a Cadillac Escalade for its luxury and ample space in the rear of the vehicle. Some might even buy a Ford F150 for its ability to haul smaller vehicles and hold large amounts of cargo for commercial jobs, but that may not be the reason why the Orlandos bought theirs.
Home owner association sues man for his truck being parked in his driveway #HOA http://t.co/OVLgnpDc45
— Jon Palmieri (@PJonathonp) January 20, 2015
The Kimry Moor Homeowners Association believes their pickup truck to be a commercial vehicle and demands that it be parked in the garage, not in the driveway.
David Orlando says the lawsuit is “absurd,” and considers the truck a passenger vehicle and nothing more. According to Syracuse News, Orlando says he’s seen his neighbors park full size pickup trucks, SUVs, and a large van in their driveways and nothing is allegedly being done about them.
The Orlandos’ lawyer Tom Cerio stated that the lawsuit is all based on a “silly rule.”
“It’s fair to say the association is definitely overreaching. And they are enforcing this rule for a personal use vehicle, not a commercial vehicle.”
Cerio has declined to comment further, because the court case is ongoing.
The Consumerist argues that the Ford F150 pickup truck is registered as a passenger vehicle by the Department of Motor Vehicles. Federal law states that if it does not require a commercial driver’s license to operate, it is not necessarily a commercial vehicle. A pickup truck may be used for business purposes, but so can a regular sedan.
It remains to be seen whether the DMV definition and the Homeowners Association will agree at some point. According to the agreement, the driveway is considered property of the HOA, while the garage is usable in any way the resident legally sees fit.
Do you believe the Orlandos’ Ford F150 pickup truck is a commercial vehicle and should be parked in the garage, or is the Homeowners Association allegedly going too far with the lawsuit?
[Image via Truck Trend]
