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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.
Information retrieved from: http://www.ford.com/trucks/f150/specifications/
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.
Information retrieved from: http://www.ford.com/trucks/superduty/specifications/
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.
Information retrieved from: http://www.afdc.energy.gov/data/mobile/10380
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.
History of pickup weight classes: http://news.pickuptrucks.com/2012/03/the-weight-game-understanding-pickup-classes-and-where-they-came-from.html
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.
Sorry to dash your hopes or process but typically HOA's prevail in disputes such as this regardless how well a defense is presented. They will indulge you, letting the process run its course otherwise you'd (possibly) have a great case for litigation. Keep in mind HOA's are legal entities that have a lot of weight behind them when setting or enforcing their rules. This much I'm sure you already know.
While I don't advocate simply rolling over I'd still be prepared to find a new home OR another place to park your great looking truck.
Sorry to dash your hopes or process but typically HOA's prevail in disputes such as this regardless how well a defense is presented. They will indulge you, letting the process run its course otherwise you'd (possibly) have a great case for litigation. Keep in mind HOA's are legal entities that have a lot of weight behind them when setting or enforcing their rules. This much I'm sure you already know.
While I don't advocate simply rolling over I'd still be prepared to find a new home OR another place to park your great looking truck.
I know of an HOA that got their collective rear-ends handed to them, by a Maryland Circuit Court Judge.
One of my neighbors submitted plans to the HOA "Architecture and Aesthetics" people, about building a 2-car garage, attached to his home.
Now, with that said, the HOA by-laws state that if you haven't heard back from the A&A people within 30 days, the application is to be considered "Approved" and you can begin.
Well, my neighbor sought (and got) a County Building Permit and submitted it along with the design plans, to the HOA.
After 45 days, he had still heard NOTHING.
He built his new 2-car garage, and everything in the construction was above (exceeded) building codes.
Ten (10) days after the garage was completed, my neighbor got a "nasty-gram" from the HOA telling him that he was in violation, and that he had to tear down the garage, until the plans were approved, but, since he was in such a hurry, they most likely would NOT approve his application.
Long story short....... the HOA hired a contractor to bulldoze the garage.
The HOA got sued, individually and collectively, regarding their actions.
The Court found in favor of the homeowner, and not only got the garage rebuilt to the same standards as it was originally built, the restitution (that was collected) was enough to pay-off the house.
The HOA was also given a cease and desist order on/toward any homeowner in that neighborhood (for that type of action), and to follow the HOA by-laws, or, the court would see the HOA management and board members, again.
The HOA was also given a cease and desist order on/toward any homeowner in that neighborhood (for that type of action), and to follow the HOA by-laws, or, the court would see the HOA management and board members, again.
Sometimes...... "the little guy" wins.
Yep and in your example the HOA deserved an asswhipping----good for the courts. Given the cited facts all rules were followed so the HOA over-stepped its authority big time.
If they were fined enough to become painful to the HOA chances are whatever "leadership" was in place was quickly replaced with those not so dumb and quick to over react. Such foolishness deserves to be punished financially when its so unreasonable.
I do wonder though about HOA's which I understand are mentioned or part of the deed for properties located in their jurisdiction areas? If building permits are issued is there investigation or quick check by the issuing authority to make sure deed restrictions aren't involved?
