Adhere to regulations regarding pickups in driveways.
According to readers, the noise from nightclubs is likely to adversely affect Lakewood Ranch.
Even in Lakewood Ranch, it's important to follow the law.
It seems that certain individuals within the Country Club-Edgewater Village Association (HOA) perceive the recently introduced Florida House Bill 1203 as merely a suggestion, rather than a mandate that our HOA is obliged to adhere to.
The legislation that was enacted in 2024 permits homeowners to park their non-commercial pickup trucks in their driveways without facing restrictions or penalties imposed by their homeowners' association.
The origins of the prohibition against parking pickup trucks overnight in homeowners' driveways date back to the mid-1990s, when the rules for homeowners associations were drafted. At that time, pickup trucks were largely viewed as commercial vehicles, typically utilized by blue-collar workers such as plumbers and electricians. This perception clashed with the desired aesthetic and character of the emerging communities being developed.
Thirty years later, pickup trucks have transformed into luxury items, often priced in the six-figure range. Homeowners' Associations (HOAs) continue to enforce their regulations, including prohibiting pickup truck owners from parking in their own driveways overnight. In response to this policy, a resident of Miami filed a lawsuit against the HOA, alleging discrimination, as SUVs were permitted while non-commercial pickup trucks faced restrictions.
A legal action was initiated in which the Ford Motor Company participated as an amicus curiae, asserting that its vehicles were being unfairly discriminated against and that the legislation was hindering free trade. It's worth mentioning that for more than four decades, the Ford F-150 pickup has held the title of the best-selling vehicle in the market.
The court ruled that the homeowners association had discriminated against the homeowner, resulting in the HOA being ordered to cover court expenses totaling around $200,000.
In the wake of this lawsuit, the Florida Senate voted unanimously in favor of Bill 1203, which was later signed into law by Governor Ron DeSantis, set to take effect on July 1, 2024. According to Subpart 720.3075 3(b) of the legislation, homeowners associations in Florida are prohibited from limiting the ownership or parking of non-commercial pickup trucks in the driveways of residents. The specific language of the law is as follows:
"Documents related to homeowners' associations, such as declarations of covenants, articles of incorporation, or bylaws, cannot prohibit:"
(b) A property owner, tenant, guest, or invitee of the property owner is permitted to park their personal vehicle, including a pickup truck, in the property owner’s driveway or in any designated area where parking is allowed according to state, county, and municipal regulations. The governing documents of the homeowners’ association, such as declarations of covenants, articles of incorporation, or bylaws, cannot restrict a property owner, tenant, guest, or invitee from parking their work vehicle—provided it is not classified as a commercial motor vehicle under s. 320.01(25)—in the property owner’s driveway, regardless of any official markings or visible designations.
At a recent CEVA meeting, one participant expressed their concerns about having a dilapidated pickup truck parked in their neighboring driveway. I believe we all share that perspective; after all, none of us would appreciate a worn-out Chevy Vega or Ford Pinto taking up space next door. Fortunately, this hasn't been a problem in our community. We are all conscientious homeowners who value our neighborhood and keep our properties well-maintained.
Recently, the governing HOA officials issued violation notices to seve
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