When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
I can't wait for the battle to start. I'm getting a notice from my HOA about my F600. They verbally told me it is too large and violates the community regs. In my opnion, it is an antique, custom vehicle which happens to have F600 on it. Here's my defense...and the truck.
Good Afternoon,
I'm writing in regards to my 1967 custom Ford truck. I was recently approached by a Board member who I believe is Tom M****** and was told my vehicle has to be parked outside of the V*********** community.
I'm going to get right to the point in order to not waste the Board's time. The complaint against my vehicle has no standing and the following is proof as to why it is frivolous. First, I'd like to offer some definitions to ensure we are speaking the same language.
Curb Weight (CW): The total weight of a vehicle with standard equipment, all necessary operating consumables such as motor oil, transmission oil, coolant, air conditioning refrigerant, and 1/2-tank of fuel, while not loaded with either passengers or cargo.
Gross Vehicle Weight Rating (GVWR): The maximum operating weight/mass of a vehicle as specified by the manufacturer including the vehicle's chassis, body, engine, engine fluids, fuel, accessories, driver, passengers and cargo but excluding that of any trailers.
Payload Capacity (PC): The carrying capacity of the truck itself, separate from its towing capacity. A quick formula for determining payload capacity is taking the vehicle's Gross Vehicle Weight Rating and subtracting the Curb Weight.
My 1967 custom Ford truck is regular cab, 4x2 with a 330 cubic inch V8 engine. It has a CW of 6,050 (lbs) and a GVWR of 7,999 (lbs). This gives it a PC of 1,949 (lbs). Both my Florida Title and Florida Vehicle registration confirm this.
I've selected two trucks (Ford F-150 and F-250) that the Board has deemed acceptable, albeit incorrectly, under the Declarations, Covenants and Restrictions as they are currently written. Any similar manufacturers trucks (Chevrolet, Dodge, etc.) will have similar truck specifications.
The F-150 Regular Cab 4x2 with a 305 cubic inch V8 has two listed CWs of 4,223 (lbs) and 4,334 (lbs). These figures vary depending on wheelbase. The F-150 Regular Cab 4x2 with a 305 cubic inch V8 has four listed GVWRs of 6,200 (lbs), 6,750 (lbs), 7,600 (lbs) and 7,850 (lbs) and four listed PCs of 1,930 (lbs), 2,360 (lbs), 3,070 (lbs), and 3,300 (lbs), respectively. These weights vary depending on selected tow packages.
The F-250 Regular Cab 4x2 with a 378 cubic inch V8 has a listed CW of 5941 (lbs). The F-250 Regular Cab 4x2 with a 378 cubic inch V8 has two listed GVWRs of 9,900 (lbs) and 10,000 (lbs) and two listed PCs of 3,890 (lbs) and 4,040 (lbs), respectively. These weights vary depending on selected tow packages.
The Board has deemed the F-150 to be a "half-ton" truck and the F-250 to be a "three-quarter-ton" truck. In reality the F-150 is more of a "1 to 1.5 ton" truck and the F-250 is "2 ton" vehicle. If you research the CW, GVWR and PC of 4x4 models (which I can only assume are viewed as permissible in the eyes of the Board) the weights only get larger.
My truck's CW is about the same as the F-250s and has a lower PC than most of the F-150s. My GVWR falls right in the middle of the F-150 and F-250. My engine is slightly larger than an F-150, but it is nearly 50 cubic inches smaller than the F-250.
Aditionally, it is a custom, antique vehicle that in no way, shape or form could be confused for a commercial vehicle. Furthermore, the State of Florida has classified it as a private vehicle.
The Federal Highway Administration has eight "classes" of trucks. The classes are based off the GVWR of the vehicle. Both the F-150 and F-250 are deemed to be a class two truck (GVWR between 6,000 and 10000). My truck is in this category as well. Trucks with GVWR of less than 10,000 pounds are all considered "light-duty" trucks.
Classifying vehicles as "half-ton", "three-quarter-ton" and "one-ton" does not apply to trucks today. If you are interested in learning about why trucks were originally called "half-ton", "three-quarter-ton" and "one-ton" then I suggest you read the link below. The bottom line is a "half-ton" truck has not been a "half-ton" since the 60's. The same goes for "three-quarter-ton" and "one-ton" trucks.
I would like to end with two thoughts; the first being selective enforcement and the second being waivers.
Selective enforcement means you cannot ignore violations of a rule by some and enforce the same rule against others. If the Board wants to pursue this matter then they will have to restrict ALL trucks that have a payload capacity of more than 1,500 pounds, which is just about every truck on the road today. This would unfortunately include Mr. ******'s own F-250.
Waiver is a similar legal concept in that if the board ignores an obvious rule violation for a specific amount of time, enforcement of that rule might be "waived" against future rules violations of the same nature. My truck had been parked in the front our house for 39 days before any complaint was filed. Section 6.7.4 of the Declarations Covenants and Restrictions states that "parking on a 'temporary or short-term basis' shall mean and be defined as parking, on a non-recurring basis and for a single period not exceeding twenty-four hours." If my vehicle is considered to be violating the Declarations, Covenants and Restrictions, why did it take the Board 39 times (936 hours) the documented allowable timeframe of the alleged violation to notify me?
I will only accept a response mail or email and I eagerly look forward to the Board's response.
We just moved in a little over a month ago...I'm curious to see what their response is. From my understanding a "neighbor", who lives about 3/4 of a mile from me and doesn't pass my house going in and out of the community, complained to the board which spawned the action...maybe the board will be reasonable.
HOA's can be both good and bad...I live about 10 miles out of town in the county on small section of a huge ranch that was cut up and sold off. I can hardly see my neighbors but we have an HOA to stop things like people burning trash, or having more than three non-registered vehicles sitting outside, etc. Those keep the area cleaned up but we're not as tight as the reg's your HOA is trying to impose.
Sounds like you are on the right track...good luck!
I'm a former HOA President of a smaller neighborhood(140 properties) here in Alabama. (of all places, I know) My wife bought the place before she met me. I was raised in kudzu out in the country. I despise the notion and whole philosophy behind the HOA, especially after my 3 years of service.
That being said, I'd need to read the covenant you have in your neighborhood regarding this issue. Ours clarifies that semi-trucks, work trucks such as ladder trucks, cherry pickers, etc.. are NOT allowed.
Your truck? Totally allowed.
A guy has a 70 F100 parked in the driveway down the road. That's allowed. To me, in your picture, his truck parked in his driveway with a car parked in front of it, looks exactly the same to me.
Accepting only written or typed correspondence was smart. I had people fight me on that before, wanting a phone call instead of a letter or an email. I refused to do so. Everything needs to be on record in case it gets ugly.
It shouldn't though. Like you said in your letter, somebody's got a F250. Same crap.
I love your truck.
Great truck yellow is my favorite color on these old fords. Sorry to hear about the issues with your town. Me and some of my old neighbors had similar issues with our town. we were all classic car junkies and all it takes is one person to complain in the town and the issues start. You have some good points and research in your response I hope all gos well with it.
We just moved in a little over a month ago...I'm curious to see what their response is. From my understanding a "neighbor", who lives about 3/4 of a mile from me and doesn't pass my house going in and out of the community, complained to the board which spawned the action...maybe the board will be reasonable.
You should have a copy of the covenants with your home purchase, that should have been read and splained to you, read them again and see what it sez about nice looking big yellow trucks, being parked in the drive.
Some Hoods have chronic complainers that can be a real PITA. I'm betting a cold 12oz Dr. Pepper that you have a fight on your hands.
I'm a former HOA President of a smaller neighborhood(140 properties) here in Alabama. (of all places, I know) My wife bought the place before she met me. I was raised in kudzu out in the country. I despise the notion and whole philosophy behind the HOA, especially after my 3 years of service.
Naturally the wording in the HOA covenants is fairly vauge. It states that "No truck, bus, trailer or other "commercial vehicle" (defined in section 6.7.6)...shall be permitted to be parked or stored on the SUBJECT PROPERTY, unless the same is parked or stored fully entirely within and fully enclosed in a garage." It goes on to say the street can't be used and they offer an exemption for temporary work being done at a home.
They go on do define a commercial vehicle as "a truck, bus, van or motor home of greater than 3/4 ton capacity or as designated as such by the State of Florida Division of Motor Vehicles." It also says things can't have signs even if its a car, but none of it applies.
So if I'm interpreting the rules correctly, no trucks (regardless of size) are permitted at all unless they are garaged. The first sentence implies this.
Their interpretation is that only trucks with 3/4 ton capacity or less are permitted, but they are over simplifying it and saying that a F-150, F-250, Ram 1500, Ram 2500, etc. are acceptable. This is incorrect in my opinion because they all have capacities larger than 3/4 of a ton.
Thoughts?
Last edited by dbreienrk1; 05-28-2015 at 11:42 AM.
Reason: adding info
05-27-2015, 03:56 PM
