WWYD concerning commercial vehicle parked next door

[kymom99]

Your points are valid, but I would assert that is the risk one takes when they move into an HOA. An HOA has pros and cons, and one of the pros for all residents is that the neighborhood maintains a certain aesthetic which helps to maintain or increase property values. The con of this, of course, is that everyone has to play by the rules in order for that to hold true. If the person in your scenario chooses to move into an HOA to enjoy that benefit, then he or she needs to be prepared to come up with alternatives if they ever find themselves in the parking scenario you describe or in any other scenario that violates the rules. Perhaps parking at a relative's house, leaving it at their employer's lot, or even renting a storage unit are viable options. Violating HOA bylaws would not be. Not only would it tick off residents who intentionally moved there and pay to live there for the benefits of bylaws, but it would also put the HOA board in a precarious position because where would the rule bending stop? They can't do it for Joe and not for Mary. Enforcement has to be all or nothing in order for it to work.

I've lived in an HOA for 9 years now. We recently purchased an RV, and have owned a boat for the last 3 years. I'm not permitted to have either of them on my property. I knew this when we moved in and knew it meant that if I ever wanted those things, I'd have to find alternative solutions. Sure, its an inconvenience and added cost for me, but I'm happy to abide because I would not want our HOA changing this rule allowing people to have these things on our small lots, which was a consideration when deciding to purchase.

We have a park n ride near us and you can see a number off commercial vehicles parked there on any given day. I assume people drive there, leave their personal vehicle, then take the work vehicle for the day. Probably because they can’t park them at their homes.

 

[tvguy]

Poorly written ordinances have been the root cause of expensive legal battles.

I've been in a conversation where attorneys were comparing the vacation properties they bought from earnings arising out of HOA cases, with others chiming in with home renos and other big ticket items for their efforts. This type of litigation is notorious for the legal fees generated.

Yes. I know two people who had issues with their HOA and sought advice of an attorney and got the same basic advice.
One was fined $1,000 by his HOA for being late with his dues....which were due BEFORE he bought the house. Attorney told him he clearly would prevail, but it would cost him at least $5,000 to take it to court so it would be just cheaper to pay the fine.
The other was much more complex and the attorney's advice was "move".

 

[tvguy]

Doesn't John Deere make riding lawn mowers also? A manufacturer's name alone won't meet the legal requirements. The more pertinent info is probably within the parameters contained in "Parking and storage of larger vehicles for farming or lumbering operations is permitted in the AG Districts if the Planning Commission ...... "
If the truck owner can show they tick the correct boxes laid out in that language, or if they have some kind of sign off from the Planning Commission they may be allowed to park their truck in their driveway.

Yes, John Deere makes riding mowers. But their Google profile lists their primary business being "agriculture, construction and lumber" equipment manufacturing and repairs. I don't think a guy fixing riding mowers needs a rig like that. You could ask your neighbor what he does for them.

 

[MrsCobraBubbles]

My neighbor leaves for work at 6 am and has the LOUDEST v8 diesel dually you ever heard but I just deal with it because I don't want to be "that" neighbor. If you don't live alone you can sleep with earplugs in, right?

 

[Colleen27]

DH's work gives some employees company vehicles that they are allowed to drive home and use also as personal vehicles. Assuming your neighbor has a similar situation, leaving it at work means he would no longer have access to it as a personal vehicle, which is probably not feasible for them. It would mean he'd have to get a second vehicle he could leave at home for personal use.

And that's assuming not taking it home is an option. DH has his work vehicle 24/7 because when they used to overnight them at the plant, they had too many issues with break-ins (for the tools), parts theft, and vandalism. So the guys who are issued a company vehicle *have* to take it home. It was the same when my mom was working for the state; at times, they had a hard time finding people who wanted to be bothered taking the agency cars home because they weren't supposed to be used in off hours, but they couldn't be left in the office lot so someone had to do so.

Does the ordinance define "commercial" truck. I actually know people who have 5.5 ton trucks to tow a travel trailer with. The State of California requires "commercial" license plates that cost $75 a year extra on any pickup without a shell or camper on it. If it has shell or camper on it it can get non-commerical plates because they consider that a "house car". And you can get a 5.5 ton truck and put a shell or camper on it, and it is considered a non-commercial vehicle by the state.

Maybe I'm picturing the wrong thing when I hear "5.5 ton truck", but I've never known anyone who owned one for personal use. Travel trailers are usually towed with one-ton pickups with dual axles, in my experience. A 5.5 ton truck is likely to be a box truck, dump truck, or other strictly commercial/industrial vehicle.

It's not an unheard-of scenario for someone to be fine with the conditions of an HOA when they move in, but have a life circumstance change a bit and create a conflict. So, let's say you're a plumber, and your company's shop is a mile away from where you buy your house, but 4 years after you buy it, your company gets bought out by another plumbing company, whose shop is 20 miles away on the other side of town, and you have to rotate overnight on-call times. Added to that, this company uses large vans that stock a lot of parts because their service area is much larger, so now, 4 years into your new home, you now have a truck that needs to be taken home 2X/week. Why should you have to uproot your entire family and move somewhere else, or give up a good livelihood, just because of that truck, the temporary custody of which could be eliminated at the boss's whim?

I think people would be more sympathetic in that case, since what you're talking about would be an ordinary vehicle (van or pickup) with a commercial sticker on the side. A multiple-ton commercial truck is something entirely different, in terms of noise, in terms of size, in terms or weight and wear on roads/driveways. If the OP had come here complaining about her neighbor bringing home a white panel van with a company logo, she'd probably have gotten a lot more "just let it be" responses, but if the truck is really 5 ton, as she stated, that's a really big, really loud vehicle. More like if the garbageman or UPS guy decided to drive his work vehicle home than the neighborhood plumber doing the same.

 

[tvguy]

Maybe I'm picturing the wrong thing when I hear "5.5 ton truck", but I've never known anyone who owned one for personal use. Travel trailers are usually towed with one-ton pickups with dual axles, in my experience. A 5.5 ton truck is likely to be a box truck, dump truck, or other strictly commercial/industrial vehicle.

I agree many or most 5.5 ton trucks are ordered either from the factory with a work body on the back, or with nothing (chassis cab) so the buyer can put their own work body on the back, but they are available with a pickup box. Actually, most folks I know with travel trailers use a 3/4 ton diesel pickup (like a Ford F250) to tow with. But certainly some buy a one ton (like a Ford F 350) either with single or dual axles. I am told dual axles make it more stable for towing. But at one campground a guy had a brand new Ford F550 with a pickup bed, way more truck than he needed IMHO.

 

[sam_gordon]

OP, you have three options...

1) Talk to the neighbors about your issue. I would generally favor this, but I really don't think it would end well. And if it doesn't, it leads to problems with #2.
2) File a complaint against them. If you've taken step #1 already, they are going to assume you ratted them out. That could end badly. If you're willing to do this, I would not do step #1.
3) Deal with it. Get a white noise machine, earplugs, whatever.

If you've said anything to any other neighbor, assume they've talked to the truck owner and they'll assume it's you who filed a complaint.

I'm glad I'm a deep sleeper.

 

[Jimmy Mouse]

So you're advocating vandalizing a commercial vehicle with the possibility of ruining the vehicle? Not what I would call a "good neighbor"

1. It's a joke
B. I am a good neighbor. We get along with everyone in our neighborhood and we all hang out all the time.
3. It's a joke.

 

[Olaf Myfrenzargay]

Nothing a little Metallica For Whom the Bell Tolls on 11 through an open window won’t fix.

 

[mel&me]

Nothing a little Metallica For Whom the Bell Tolls on 11 through an open window won’t fix.

That may back fire. You may see his hands go up in the air and the head start to bang.

 

[NotUrsula]

I think people would be more sympathetic in that case, since what you're talking about would be an ordinary vehicle (van or pickup) with a commercial sticker on the side. A multiple-ton commercial truck is something entirely different, in terms of noise, in terms of size, in terms or weight and wear on roads/driveways.

Actually, no. The scenario I used was a real one; the plumbing company in question uses only Isuzu NPR commercial trucks.

I agree that it is of course optimal not to live in an HOA-controlled area if there is any likelihood you could be required to bring home such a thing, but life happens, and the unforeseen is seldom also optimal. I think it's classist to ban working-order work trucks from private property just because of their size or engine capacity. Requiring covered storage or some mitigation of noise is reasonable, but banning altogether is an overreach.

 

[SteveH]

Per township ordinance you are not allowed to park a commercial vehicle in a residential district

Check with your city and find out how to file a complaint. Sometimes its with the police (non-emergency) some cities have a Code Enforcement department. Before you file a complaint find out if it can be done anonymously. Due to records laws your neighbor might be able to do a public records request to find out who complained, so ask first.

Our HOA has a similar rule, I never really cared much about it until the guy across the street would bring farm implements home and the mud would end up all over the street - and of course he never cleaned it up. I tried sending a nice, anonymous letter from a concerned neighbor talking about the mud and their kids - didn't work. Tried the HOA, he didn't listen to them - so finally I pushed the HOA to complain to the City's Code Enforcement department - never saw any more farm implements.

 

[barkley]

"Parking of commercial vehicles over 1 ton shall be prohibited in all Residential Districts, except the restrictions shall not apply to essential public service vehicles. Parking and storage of larger vehicles for farming or lumbering operations is permitted in the AG Districts if the Planning Commission ......

i suspect this is where your strongest argument/justification may be. is your neighborhood designated as an "ag district"? these tend to be very distinct and not the sort that have housing developments. i personally live in a mixed use area that includes agriculture and residential housing but the single residences are restricted to one per many acre lots and they have restrictions that preclude them from doing some things (include public road use/ private property storage) that our neighboring strictly ag lands are allowed to.

Doesn't John Deere make riding lawn mowers also?

Yes, John Deere makes riding mowers. But their Google profile lists their primary business being "agriculture, construction and lumber" equipment manufacturing and repairs.

john deere also makes recreational vehicles-i own one.

as for john deere's profile description-equipment manufacturing and repair is not an operation of lumbering or farming. it may be a resource to support the operation but it is separate (which is why our local j.d. dealerships cannot set up shop in our mixed use area-they either dispatch a repair person to do repairs on site or trucks/trailers in a variety of sizes to haul their products back to their repair facility in an area that is zoned for it).

 

[tvguy]

as for john deere's profile description-equipment manufacturing and repair is not an operation of lumbering or farming. it may be a resource to support the operation but it is separate (which is why our local j.d. dealerships cannot set up shop in our mixed use area-they either dispatch a repair person to do repairs on site or trucks/trailers in a variety of sizes to haul their products back to their repair facility in an area that is zoned for it).

I wonder if supporting lumbering or farming is enough to satisfy the exemption to the no commercial vehicles?

 

[nkereina]

And that's assuming not taking it home is an option. DH has his work vehicle 24/7 because when they used to overnight them at the plant, they had too many issues with break-ins (for the tools), parts theft, and vandalism. So the guys who are issued a company vehicle *have* to take it home. It was the same when my mom was working for the state; at times, they had a hard time finding people who wanted to be bothered taking the agency cars home because they weren't supposed to be used in off hours, but they couldn't be left in the office lot so someone had to do so.

In your case and your mom's case - and anyone else in the same situation - this is something you would consider when deciding to move to an HOA. Most likely, an HOA with a no commercial vehicle rule in place would not be good for you so you wouldn't choose to live there. But for people who are willing to find a workaround or who did not anticipate finding themselves in the situation, there are still alternative options available such as a friend/relative's house or a storage unit or a park and ride, as PP mentioned. The bottom line is that no one *has* to do anything. You don't have to park it at home, you don't have to work at a job that doesn't allow work vehicles to stay at work, and you don't have to live in a community that has an HOA. The OP has since clarified this is not an HOA issue, but rather a town/city ordinance issue. So similarly, the neighbor did not have to move to a town that prohibits commercial vehicles parked in residential areas (or whatever the ordinance says) OR he could move there anyway but find something else to do with his truck. If he were within the laws of the city/town, this would be entirely different because it would be his right to park it there, but he does not have that right if its breaking the law/ordinance.

 

[sam_gordon]

Our HOA has a similar rule, I never really cared much about it until the guy across the street would bring farm implements home and the mud would end up all over the street - and of course he never cleaned it up. I tried sending a nice, anonymous letter from a concerned neighbor talking about the mud and their kids - didn't work. Tried the HOA, he didn't listen to them - so finally I pushed the HOA to complain to the City's Code Enforcement department - never saw any more farm implements.

Wait, you complained because there was mud on the street?

 

[nkereina]

Wait, you complained because there was mud on the street?

If its farm equipment, I'm envisioning the mud was in big chunks and an exorbitant amount. Not something you expect to deal with on what I presume is a residential street. People drive through it, track it in the driveway, track it in the garage. Pets and kids step in it and ride bikes through it. The owner should at least clean it up, unless the equipment was not permitted in the first place...

 

[Colleen27]

In your case and your mom's case - and anyone else in the same situation - this is something you would consider when deciding to move to an HOA. Most likely, an HOA with a no commercial vehicle rule in place would not be good for you so you wouldn't choose to live there.

Yeah, but as others have said, life has a way of changing. I grew up in a community with an anti-commercial vehicle ordinance and when my mom bought the house there, I'm sure she wasn't thinking that 1) her agency would have company cars (workers used their own vehicles for field work until the 90s) or 2) that the neighborhood she worked in would become so rough/poor that company cars couldn't be left overnight. But as I mentioned in a previous post, I think people are more understanding and willing to look the other way when the offending commercial vehicle is an ordinary vehicle with a company logo, because none of our neighbors ever complained about her bringing the state car (a Ford Focus) home and the city never seemed to notice. I'm sure she'd have found a workaround if she needed to, but back then, I think people were less likely to get nosy/upset about letter-of-the-law violations... in our neighborhood, at least, they reserved their anger for things like what the OP is dealing with, large, loud commercial vehicles.

I did personally steer clear of HOAs and communities with strict restrictions when we bought, partly because of that. For a long time, DH was in business for himself and had a company logo on the side of his pickup - nothing commercial grade, just an F250 with a locking cap - and I didn't want to deal with living in a place where a vinyl logo on the door would make the difference between it being acceptable or unacceptable to own that same make & model. And it turned out to be a good call because now he's got a work van that is at his disposal 24/7. Again, nothing that would bother the neighbors - a Ford Transit Connect, it is actually smaller and quieter than my minivan - but still, it does have a company logo so in some neighborhoods it would be a problem. One of his friends lives in an HOA community and has gotten reminders about the commercial vehicle ordinance just because DH was over there visiting. In the space of a single afternoon, someone took it upon themselves to complain about his van being in his friend's driveway.

 

[Forevermarypoppins]

What is worse, the noise or a nightmare neighbor?

I feel for you, because you're going to suffer either way.

 

[Kellydelly]

I got the photo. I could see where that could be classified as a farm vehicle and be exempt with the huge John Deere sign on it.

But we live in a residential district, not the AG district which was the exclusion.