Introduction to HOA and State Law

Community associations often have rules that exceed the requirements of local or state laws. A typical example is restrictions on parking, especially when it comes to “commercial vehicles.” However, confusion can arise when the association’s definition of a commercial vehicle differs from the city’s ordinance or the state’s law.

Understanding Association Rules

When this happens, it’s essential to remember that association rules are a form of private contract. If you live in a community governed by an association, you’ve agreed to follow its rules, as long as they don’t conflict with “higher” laws.

Definition of Commercial Vehicles

The association’s documents may define a commercial vehicle for the purposes of parking and storage. This definition may be broader or narrower than what the city or state uses. For instance, an association might define a commercial vehicle as any vehicle with business signage, even if the state does not consider it as such.

Enforcing Association Rules

If the association’s definition is more restrictive than the city’s or state’s, the association can generally enforce its own rules, as long as they don’t violate public policy or state law. For example, if the association defines a commercial vehicle as any vehicle with business signage, even if the state does not, the association’s definition will usually control within the community.

Conflict with State Law

However, if state law specifically says that associations cannot prohibit certain types of vehicles, such as in Florida, or if there is a direct conflict with state or municipal law, that rule will override the association’s rule. This issue can be further complicated depending on when the relevant statute was passed, as well as when your community documents were signed.

Example and Considerations

A homeowner in a community might have a vehicle that is considered commercial under the association’s rules but not under state law. In such cases, the association should consult with its attorney to determine the best course of action, considering the specific definitions and laws applicable.

Conclusion

In conclusion, while an HOA’s definition of a commercial vehicle may override state law in certain respects, it is crucial to ensure that such definitions are not in direct conflict with higher laws. Homeowners and associations must navigate these complex rules carefully, often requiring legal consultation to resolve disputes.

FAQs

• Q: Can an HOA prohibit vehicles that are not considered commercial under state law?
  • A: Generally, an HOA can enforce its own rules regarding commercial vehicles if those rules are more restrictive than state law, provided they do not violate public policy or state law.
• Q: What happens when there’s a conflict between the HOA’s definition of a commercial vehicle and the state’s definition?
  • A: In cases of conflict, if state law specifically prohibits associations from enforcing certain rules, the state law will override the HOA’s rule.
• Q: How can homeowners and HOAs navigate these complex issues?
  • A: It is recommended that both homeowners and HOAs consult with a real estate attorney to understand their rights and obligations under both the association’s rules and state law.