ron2
Posted : 10/25/2006 7:39:39 PM
They only say that their trucks can't be parked there. That's not discrimination.
Yes, it is. This would force a small business owner to pay to park somewhere else and to have another vehicle to get back and forth to the company vehicle.
As for the Constitution, no HOA may exclude people of minority. So, there are constitutional limits as to what a private property, such as a gate community, may do. While you may be able to bar certain people from entering your house, you cannot tell your neighbor what kind of vehicle he or she may drive. Why stop there? Put it in writing that all residents must drive a Jag. And yes, signing an agreement to that before you move in absolves some of the liability of the HOA, though they are still unconstitutional, if this resolution comes about after you have moved there, then what recourse do you have?
Yes, I understand that he who has the gold rules, but that doesn't make it right. You cannot remove someone's ability to earn their living. Type of tree in the front or style of mailbox? Fine, that way the neighborhood matches.
That is, I agree that you must abide by HOA rules if they are not unconstitutional when you signed the agreement. But I don't see how that gives the HOA carte blanch control over how you make your money or what you drive. FWIW, a person that can afford a F-350 Crew Cab Duallie with a 6 inch lift and a diamond plate tool box is not hurting for money. I've seen some of those tricked up and worth as much as low end Porche.
Back on topic, Dyan may have to alter her walk if the HOA enforces this needless, IMHO, rule.