Homeowners associations have rules, and in the town of Manlius, New York, the Kimry Moor HOA is sending an emphatic message. And, that message is – rules are rules. Just ask David and Arna Orlando, residents of the development for six years, who are being sued for parking their 2014 black Ford F-150 in their own driveway. While it’s not a safety hazard and it doesn’t affect their homeowners insurance in any way, it does bother the HOA to the point of taking legal action against the couple for not parking their truck in the garage.
Apparently, the Orlandos violated the rule that limits parking in driveways only to “private, passenger-type, pleasure automobiles”. The couple has tried to explain that the pickup truck, due to its extended cab and back seat, is their personal passenger vehicle and not a commercial vehicle. But, according to the lawsuit, the association owns all driveways in the development, and their rules are not to be trifled with.
The homeowners association continues to pursue an injunction to stop the Orlandos from parking their pickup in the driveway of their own home. Although the lawsuit was filed in August 2013, with New York’s busy courts, the case is still in the discovery phase, after which attorneys for both sides hope to take sworn depositions of all parties involved.
David Orlando claims other people usually park pickup trucks in their driveways, which was corroborated by witness reports of a full-sized pickup with shell, a large van, and a sports utility vehicle in the driveways of various other homes within the Kimry Moor community. However, those residents aren’t the ones being sued.
Even after being notified that they were in violation of the rules, the Orlandos have continued to park their pickup truck in the driveway, at least until the case is resolved… one way or another. Furthermore, the couple has filed court papers, countersuing the association for impeding and interfering with the “quiet use and enjoyment” of their property. Their suit also seeks an unspecified amount of damages, stemming from the lawsuit by the HOA and their having to hire a lawyer to represent them in the legal proceedings.
The lesson to be learned, here, is – make sure your read all of your HOA’s rules and regulations…or you could be in for a long legal fight over a truck that may ultimately not fit in your garage, anyway.
You may also want to make sure that you’re getting the best rate on your homeowners insurance. Why not get a free homeowners insurance quote today?
Do you live life in a community with an HOA? If so, are they as restrictive as Kimry Moor? Feel free to share your thoughts in the comments section below.
