[RPPTL LandTen] Commercial vehicle?
The HOA prohibits commercial vehicles.
Tenant owns a car dealership (and is actually also a Florida lawyer). Cars
tenant and husband drive have dealer plates. HOA says this is a "commercial
vehicle". Oh, and tenant happens to be African-American. HOA is up in arms
over the "dealer plate".
Ideas?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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What is the definition of commercial vehicle in the documents?
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org on behalf of Harry Heist harry@evict.com
Sent: Monday, March 9, 2015 6:31:34 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Commercial vehicle?
The HOA prohibits commercial vehicles.
Tenant owns a car dealership (and is actually also a Florida lawyer). Cars tenant and husband drive have dealer plates. HOA says this is a "commercial vehicle". Oh, and tenant happens to be African-American. HOA is up in arms over the "dealer plate".
Ideas?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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That is a passenger vehicle. The restriction is designed for work trucks or cars with signs.
David Weisman
Sent from my iPhone
On Mar 9, 2015, at 6:33 PM, Harry Heist <harry@evict.commailto:harry@evict.com> wrote:
The HOA prohibits commercial vehicles.
Tenant owns a car dealership (and is actually also a Florida lawyer). Cars tenant and husband drive have dealer plates. HOA says this is a “commercial vehicle”. Oh, and tenant happens to be African-American. HOA is up in arms over the “dealer plate”.
Ideas?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
<image002.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
I agree with David. I agree with If the covenants don't provide a good definition, the local ordinance code will likely be instructive on this, as many jurisdictions provide protection from "commercial vehicles" for residential neighborhoods. This can offer some substantive guidance that can help with your communications with the HOA.
Brenda
Regards,
Brenda B. Ezell
[cid:image003.png@01D05AA7.2D466210]
3560 Cardinal Point Dr., Ste. 101
Jacksonville, FL 32257
904.432.3200 Tel
904.432.3201 Fax
www.ezellfirmpa.comhttp://www.ezellfirmpa.com/
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Monday, March 09, 2015 7:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Commercial vehicle?
That is a passenger vehicle. The restriction is designed for work trucks or cars with signs.
David Weisman
Sent from my iPhone
On Mar 9, 2015, at 6:33 PM, Harry Heist <harry@evict.commailto:harry@evict.com> wrote:
The HOA prohibits commercial vehicles.
Tenant owns a car dealership (and is actually also a Florida lawyer). Cars tenant and husband drive have dealer plates. HOA says this is a "commercial vehicle". Oh, and tenant happens to be African-American. HOA is up in arms over the "dealer plate".
Ideas?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
<image002.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
If the only difference between the tenants' vehicles and the vehicles of
other residents is the dealer tag, I don't see how they could enforce that
restriction in good faith. It seems petty and I can see the tenants
claiming that this is an excuse to discriminate against them because of
their race. The whole idea behind the commercial vehicle restriction is to
avoid the work trucks and vehicles with advertising on them. How does the
HOA position make any sense?
Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel: (407) 392-1872
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dennis@chenlaw.net
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On Mon, Mar 9, 2015 at 6:31 PM, Harry Heist harry@evict.com wrote:
The HOA prohibits commercial vehicles.
Tenant owns a car dealership (and is actually also a Florida lawyer). Cars
tenant and husband drive have dealer plates. HOA says this is a
“commercial vehicle”. Oh, and tenant happens to be African-American. HOA is
up in arms over the “dealer plate”.
Ideas?
Harry
*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
<1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
the Property Management Professional"Website: *www.evict.com
http://www.evict.com/
- Email: *harry@evict.com harry@evict.com
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Harry,
I believe the answer to your question depends solely on if and how the association documents define a "commercial vehicle." It's very possible that this person's car does fall within that definition. I've seen very broad definitions for commercial vehicles, so although possibly an absurd result, the residents might be unpleasantly surprised. One of joys of living in a gated community is that they have the legal right to micromanage the lives of all its residents, including the type of car, size of car, and even color of car ... and a whole lot more. The statutory and case law consistently favor the association's right to govern and restrict the residents' lives. Courts will say "if you don't like the rule, then move."
On the other hand, if the declaration does not define commercial vehicle, then the board members cannot just invent a definition, so it all depends on the association declaration in this area of the law.
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From: Harry Heist harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, March 9, 2015 6:31 PM
Subject: [RPPTL LandTen] Commercial vehicle?
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
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