By Eric Glazer, Esq.

Published July 8, 2013

Lots of arbitration cases involve whether or not an owner can park their truck or commercial vehicle on the common areas or in their own driveways.  I'm not so sure however that these decisions have made the problems easier to solve.  For example:

  
In the Fairways at Pinebrook Owner's Association, Inc. v. Graham the issue was whether Respondents' 2006 Ford F-150 pickup truck was permitted to be parked in their designated parking space at the condominium. The F-150 is a red two-door vehicle with passenger rear seats. The bed of the F-150 has a locking cover. The Association did not allege in its petition that this vehicle was being used for commercial purposes.
   
The Declaration of Condominium of Fairways at Pinebrook Condominium states:

There shall be no parking of boats, trucks, trailers, motorcycles or any vehicles other than passenger vehicles in any parking area except parking spaces which may be designated by the Association for such specific purposes, if any.

   
Neither “truck” nor “passenger vehicle” was defined by the Declaration.

The arbitrator held that since the association did not allege that the unit owner's F-150 was being used primarily in the trade or business for the transport of goods and materials, then the F-150 appears to be used primarily for personal transportation and therefore it is a passenger vehicle and allowed to remain on the property.   However, the arbitrator simultaneously ruled that the owner's  F-150, as a truck, is prohibited.  Under this case it apparently is OK for The Partridge family to park that big multi-colored bus that they drove in, right on the condominium's parking areas.  As long as it's used to transport people and not goods ---- it gets to stay.

However, in Sabal Pines Condominium Association, Inc., v. Felling, Arb. Case No. 99-1326, the condominium declaration stated:

(2) Trucks of any kind, motorcycles, motorbikes, commercial vans, buses, boats., are not permitted on Sabal Pines property at any time.  Here, the arbitrator found that a Ford F-150 pickup truck was prohibited as it was a clearly a “truck of any kind” and therefore prohibited under that declaration.
  

            Confused?  You should be.  Bottom line ---- when drafting these provisions in your governing documents, you need to be careful about how they are drafted.  According to one arbitrator, if your docs allow passenger vehicles, but prohibit trucks, you still must allow trucks, if the trucks transports people and isn't used for business.  This is regardless of the size of the truck.  The other arbitrator felt however that they know a truck when they see it.

            Maybe keep the language simple like limiting the size of the vehicle, requiring a certain number of windows, disallow any flatbeds and any commercial lettering.  The more specific you are, the greater success you may have in enforcing the restriction.