One of the most contentious aspects of managing a community has been over cars and trucks parked out front of a home wrapped with a company’s logo and marketing.
In many homeowners’ association documents, these types of vehicles have not been permitted. The thought was that most homeowners did not want what could be construed as a billboard facing their home every night.
Of course, this put tremendous hardship on many homeowners. After all, they have spent hundreds of thousands of dollars on their house, but because they drive a company vehicle, they have been required to park it in their garage or offsite.
Starting July 1, however, all of those restrictions that limit work vehicles are largely invalid due to a new law that passed the Florida Legislature this year. There are some exceptions to the law, so it’s important to work with your association attorney to make sure you are in compliance.
The attorneys at The Orlando Law Group represent more than 100 communities in Central Florida. If you live in Orlando, Winter Garden, Altamonte Springs, Kissimmee or anywhere throughout Central Florida, The Orlando Law Group is ready to help you.
What Does the New Law Specifically Say?
The new law is clear. Associations cannot limit the right of a property owner to park a work vehicle in the driveway in nearly any shape or form.
Here’s what the law now says:
A property owner or a tenant, a guest, or an invitee of the property owner from parking his or her personal vehicle, including a pickup truck, in the property owner’s driveway, or in any other area at which the property owner or the property owner’s tenant, guest, or invitee has a right to park as governed by state, county, and municipal regulations.
The homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit, regardless of any official insignia or visible designation, a property owner or a tenant, a guest, or an invitee of the property owner from parking his or her work vehicle, which is not a commercial motor vehicle as defined in s. 320.01(25), in the property owner’s driveway,
It is best to do a review now of all association documents to ensure they are in compliance with the law.
Are There Exceptions?
Much like any new law, some interpretations will need to be worked out in the courts.
However, one of the obvious exemptions is that commercial motor vehicles are still not allowed, the definition of which is very specific in Florida statutes 320.01(25).
“Commercial motor vehicle” means any vehicle which is not owned or operated by a governmental entity, which uses special fuel or motor fuel on the public highways, and which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight.
That type of vehicle includes things like small semi-trucks, garbage trucks, city buses and everything bigger.
It doesn’t include the biggest SUV, which weighs only 6,000 pounds. It doesn’t include school buses or rack trucks. So, if your neighbor wants to park his refurbished school bus he uses for work in his driveway, he now can.
One of the items that may be determined by the court is politically wrapped cars and trucks. There are ways to prohibit political signs in a community, but does this make a Donald Trump or Joe Biden-wrapped vehicle allowed? Does the candidate for the school board get to wrap their car with their campaign markings?
The new statute isn’t clear and there may be an opportunity to still prohibit those types of vehicles. After all, the new law says you have a right to park a personal vehicle anywhere allowed by law, but then it says the HOA can’t prohibit a “work vehicle” not any vehicle.
In today’s contentious politics that have shown to divide neighbors and friends, this will be a topic for the courts to decide this election year.
In addition, there is nothing to say you can’t restrict what is on the vehicle. For instance, many work vehicles have ladders or other equipment attached to the vehicle. The new law does not prevent HOAs from limiting what can be left on the work vehicle.
As you can see, this is not an easy case filled with a lot of opinions and emotions. It’s critical to work with your attorney today to update all of your associations’ documents to match the new laws.
The attorneys at The Orlando Law Group can help association board members and managers in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on June 12, 2024 by The Orlando Law Group
