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Phil-In-Mich. Phil-In-Mich. is offline
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Default HOA says no pickup trucks in driveway

"HeyBub" wrote in message
m...
"[FLORIDA] The board of directors representing The Eagles, a deed
restricted community in Odessa, was trying to keep A.J. Vizzi from parking
his Ford pickup truck in his home's driveway. HOA rules state all trucks
must be parked in a garage."

http://www.tampabays10.com/news/most...9&provider=top

Odd,
I followed your link and then followed the link to read the full decision by
the Judge.

My reading of the decision was pretty much different from your first link's
reporting. The result of the decision may be the same, but there were sure
a lot of other side issues. My hat is off to the judge who sorted out all
side issues and came up with a fair and just decision.

From my reading of the decision: a contract approved by both sides is
binding. Changing the contract later without the approval of both sides is
a big No-No. HOA are not legal Government entities, HOA's exist as
contracts between homeowner and the association. Enforcement of a contract
must follow specific guidelines and procedural steps. Ignore the procedure
steps to enforce compliance is also a No-No. Stepping over the line between
being one party of a contract and perceiving the HOA is a government entity
will result in nasty fines or court costs.

By the way, as the Judge pointed out, a SUV, and a Mini-Van are also
"Trucks" by the manufactures for Federal safety regulations reasons, and
thus the law regards SUV and Mini-Vans as trucks also. The HOA was
selective in their enforcement.