I have been writing this column for a long time. I am always surprised that the questions I receive seem to run in themes. The hot topic in August was vehicle and parking restrictions.
The issue of who can park what, and where, is often a contentious one for community associations. I heard from a man whose son was helping him and his wife move to assisted-living facilities. The problem is that the son drives a pick-up truck, which his association says is against the rules. Another writer lamented that a neighbor parks a large pick-up truck in guest parking instead of in his garage, as required in his HOA documents.
Both people asked essentially the same question: Does an association have the right to ban pick-up trucks or restrict where they can be parked, even if the truck in question is used for personal transportation?
Florida law is replete with cases involving vehicles. The outcomes of these cases are all over the map, but what stands out is that an association that wants to enforce parking or storage of vehicles must have clear, unambiguous regulations that are uniformly enforced.
An outright ban on “trucks,” without further definition, will be strictly scrutinized, because what is a “truck” anyway?
In one appellate case from this area, an HOA lost in an attempt to ban a large pick-up truck. The court, after analyzing various provisions of the declaration of covenants, ruled that the association’s interpretation of the declaration was simply unreasonable, internally inconsistent and therefore incorrect. In getting to that result, the homeowner reportedly spent more than $200,000 in legal fees, some or all of which the association had to reimburse, in addition to paying its own legal fees. Ouch.
The court held that interpreting a declaration is a matter of law, meaning that the court has the authority to decide what it means. To the extent possible, any inconsistent provisions have to be reconciled and read together to make each term meaningful. If there is an ambiguity, it must be resolved in favor of the free use of the property and interpreted against the party seeking to enforce the restriction, i.e., the association.
In another case, a condominium association attempted to ban a full-size truck for “aesthetic” reasons. The trial court, as affirmed by the appellate court, found that the pick-up, which was for personal use with no commercial markings or any evidence of commercial use, was aesthetically equal to many new passenger cars and superior to many older vehicles parked at the condominium. The court also held that virtually all sport utility vehicles (SUVs) are built on a truck chassis and are larger than the truck in question, even though the association had made no attempt to restrict SUVs.
The court went on to find that the parking of a pick-up truck used solely for personal use and bearing no commercial marking or modification could not be said to be aesthetically negative. To quote the court, “such vehicles, along with their cousins, SUVs, have become a staple of our society and to prohibit them would unreasonably interfere with the owners’ right to use and enjoy their property. Cultural perceptions evolve and change. Personal pick-up trucks do not carry the negative implications they might have 25 years ago. In no way could the parking of these vehicles interfere with the quiet enjoyment or the property values of the condominium residents.”
I could also cite many cases where associations have prevailed in cases involving the enforcement of parking and vehicle restrictions.
The point, though, is that the key is to have clear and current restrictions that reflect the character of the community.
Even the best set of condominium documents or HOA restrictions can’t keep up with changes to the law and the evolving nature of the community. It’s a good idea to have the association attorney periodically review the documents with an eye to any concerns that the board may have and to alert the board of any changes that need to be made to be consistent with current law.
Tamela Eady is a Florida Bar board-certified real estate attorney with 25 years’ experience. The subjects discussed in her columns are not intended as specific legal advice to anyone and are subject to principles that may change from time to time. Questions may be modified for clarity or for brevity. Email questions for possible inclusion in a future column to tke@eadylaw.com.
