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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7198
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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What is the cost for our chat? Okay. I am secretary of a

Customer Question

What is the cost for our chat?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: Okay. I am secretary of a small (33 home) JOA in Florida. Our CC&Rs require commercial vehicles to be parked in an enclose garage. Commercial vehicle is not defined in the CC&Rs, but rather defers to the definition in "the Florida statutes". we have a homeowner who has a pick-up truck that has an advertising wrap covering the whole truck. He does not own the company being advertised, and uses his vehicle as a personal truck. The HOA Board has sent him a letter asking that he remove the wrap, or garage his vehicle. He refuses claiming his vehicle does not meet the statutory definition of commercial vehicle, and the CC&Rs do not specifically prohibit signage on vehicles. He's threatening to pursue this through the courts. I personally think he will probably win, but our Board is split. I am just looking for an opinion as to our ability to enforce our very nonspecific language.
JA: What state is this in? And how old is the car?
Customer: Florida, and no idea how old it is. I know he's had it since about 2004.
JA: Has anything been filed or reported?
Customer: Several letters between the HOA board and the owner, (2 date back to 2003 an 2004) and one letter from an attorney that our Board president consulted. These letters told the owner to garage his vehicle or remove the wrap.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 5 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

When the governing documents are silent we need to either look at the statutes or caselaw for the answer. Give me a moment to pull up the law on these matters. By the way I have no idea why the site asked for the age of the car. My apologies as this has nothing to do with your question.

Expert:  Attyadvisor replied 5 months ago.

Florida Statutes define commercial vehicles under "Title XXIII MOTOR VEHICLES

Chapter 320
MOTOR VEHICLE LICENSES

320.01 Definitions, general.—As used in the Florida Statutes, except as otherwise provided, the term:

(25) “Commercial motor vehicle” means any vehicle which is not owned or operated by a governmental entity, which uses special fuel or motor fuel on the public highways, and which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight. A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved. As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported."

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0320/Sections/0320.01.html

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

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Expert:  Attyadvisor replied 5 months ago.

Do you have any additional questions for me?