Civil Lawsuit Regarding M109A3

[a1abdj]

Keith,

I went through something similar within the last year with my county code enforcement officer. They too were claiming the truck was commercial, and prohibited.

I won my case, because the county had to define a "commercial vehicle" and their definition had nothing to do with whether it was commercial or not. My deuce didn't meet their definition. Your 5 ton would have. Check the definition that the city is using for the law.

I don't know what the heck has happened to our country, but this is what it has come to.

The OP will have to deal with the same thing. He is only in violation if there is a definition of the word truck in the rules that defines his vehicle. If the only thing they say is "truck", then technically all trucks are in violation. If they haven't filed suits against those with pick up trucks, then it's selective enforcement against him, and that won't hold up.

 

[moose97]

Taurus454,

I feel your pain, sort of......

I'm going through a similar issue here in Fort Worth, only it's not a home owner's association, but the city I'm dealing with. I chose my house in a neighborhood without a home owner's association.

My story started in late September, when I purchased an M923 5-Ton and parked it in my driveway. The truck fit entirely in my driveway and did not hang over the sidewalk. I spoke to every neighbor that lives on my street and NO ONE had an issue with it. Most of my neighbors thought it was cool, and even liked the fact that it looked a little menacing. They thought the look might help to keep burglars and thieves away from our street.

On October 8, I was working on my truck in the driveway when I observed an unknown person stop and take a photo of me and the truck. I didn't think anything of it because it's happened many times. I've had total strangers come up and ask about the truck and ask to take pics of it. The next day a city code enforcement officer showed up and told me there was a complaint filed with the city about the truck. I asked who complained and he said it was an annonymous complaint, but also said it was worded the exact same as another complaint annonymously filed on the same day, against a different person with a military truck in their driveway. The code enforcement officer said there are some people that just drive around and report stuff to the city, even if they don't live in the neighborhood.

I asked what the problem was and let him know I was pretty familiar with the laws, as I am a 13 year veteran of the police force. He said it was a commercial vehicle and I politely explained that it was NOT a commercial vehicle and was never used for commerce. We went around and around for a while and every title he gave me started with the words "commercial vehicle". I showed him my "Former Military Vehicle" registration and explained that it falls under the "Antique Car" series of license plates here in Texas.

He finally said he'd give me until October 30 to move the vehicle before he'd be back. NOW, I'm up for a fight with my city, but I'm getting married next month and will be gone for 20 days. I don't have the time or funds (at the moment) to fight the city, so I placed my truck in a storage lot for the time being.

I WILL bring it back next year and plan on taking it to court when I get approached by the code inspector, and I'm sure I will. I just have to be VERY cautious with how I approach it, being that I don't want to get in trouble at work. Since this is a city code violation, I technically can be issued a citation and even have a warrant for my arrest issued if I don't comply. The good thing about your case is that it is a civil issue, and not a criminal issue.

I didn't mean to hijack your post, but when I read the threads, I shared your pain.

Please keep us posted about the outcome, and I'll send you all the "good vides" I can.

Good Luck

Keith

My impression? The last few words ..."and all vehicles similar to the above." could prove your downfall...

 

[Bob H]

Interesting, The OP has not signed back on this site since his last post in this thread back on the afternoon of 10-23. The 10-29 court date has come & gone.
Hope the HOA mafia didn't get to him before the court date.................

 

[MarcusOReallyus]

Bob, he's in Maryland. He's likely a bit busy with cleanup work, and it's VERY unlikely that his case was heard on Sandyday, er, I mean, the 29th. All government offices were closed in the area.

 

[MarcusOReallyus]

My impression? The last few words ..."and all vehicles similar to the above." could prove your downfall...

It's REALLY not necessary to quote the ENTIRE post to make your point.

 

[Warthog]

Taurus454, contact one of the moderators when you are back online. We will reopen it for any updates

This thread has spun out of control

AND I AM CLOSING IT

You guys are like a bunch of little kids. Do I need to put some of you in "time out"?

 

[Ol-Paint]

Exactly my point about vague! When I sat on the Board 20 years ago the definition off a truck was brought up and I was told by all the Senior Board members that the common definition of a truck was an 18 wheeler. They took action against someone who parked a rig in the development at that time. The point is this in not an 18 wheeler and the definition can and will change depending upon who sits on the Board.
--SNIP--

Let me get this straight...are you saying that 20 years ago, the HOA was going after someone with a semi and you, a board member at that time, did not defend him, other than to question the vagueness of the definition of truck? The details you provide regarding your involvement in the action against the semi are limited, but this is the impression your post provided. Was the semi used commercially at the time, or a vehicle he had for his personal use? How often was it parked in the neighborhood? Was it one truck, or several?

In this particular case, I find it difficult to sympathize with the OP. He was a member of the board that took action against the owner of a non-military semi two decades ago. Now, he purchases a vehicle that is a "truck" and bears a strong resemblance to the semi tractor that was unacceptable. There should be no surprise that the HOA feels an M109 falls under the same classification as the semi. In spite of the GVW difference between a deuce (Class 6) and a Class 8 semi, they are more closely related than the deuce is to a Class 3 one-ton pickup.

I will not purchase a home subject to a HOA. However, if someone does buy into a neighborhood with an HOA, they are signing into a contract to abide by the HOA rules. It's their choice, not something forced upon them.

What is the intent of banning "trucks" in the bylaws? To prevent the long-haul trucker from being able to park in his own driveway when he's home two weekends a month? To prevent the owner-operator from parking his personally-owned vehicle in his own driveway? Or is it really to prevent someone from running a trucking company out of a residential area?

My feeling is that the Taurus454 should have argued 20 years ago in favor of the semi owner and lobbied to have the bylaws changed, thus protecting his future interest. By all means, fight it now, but the precedent was established 20 years ago when the semi owner's truck was forced out.

Douglas

 

[emr]

I like the way Ol" paint thinks...