Q: This is in regards to Law HP1203. My Hoa is demanding me to park my work van in the garage. Can the do that?
From my POA:
SEPOA is a POA organized under section 617 and therefore we are not subject to this legislation as it is specific to HOAs (section 720). This fact has been confirmed by our attorneys and they have also advised us we are within our rights to seek enforcement.
To this end, to avoid selectively enforcing our Deed Restrictions, we must require you to find alternative parking for your commercial vehicle, whether in your garage or somewhere off-site. As a reminder, SEPOA defines a commercial vehicle as " a vehicle which bears commercial signage or is otherwise evidently used for commercial purposes ".
You will receive a second and final notice if the vehicle is not removed within three (3) days. We appreciate your cooperation in this matter.
Thank you.
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A:
It seems like your Property Owners Association (POA) is enforcing their own set of rules regarding the parking of commercial vehicles, separate from the legislation that applies to Homeowners Associations (HOAs). Since they are organized under section 617 rather than section 720, they are not subject to the specific laws that regulate HOAs. Their attorneys have confirmed that they have the authority to enforce these restrictions, which likely means they can require you to park your work van in the garage or off-site.
The POA’s definition of a commercial vehicle includes any vehicle with signage or that is clearly used for business purposes, which may apply to your work van. Based on the letter they sent, it appears they are enforcing this rule uniformly to avoid any claims of selective enforcement.
You might consider reviewing your community's deed restrictions or consulting legal advice to better understand your options. But based on what they’ve outlined, it appears they are within their rights to request you comply with this parking rule.
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