In 2010, the Fallsmead homeowners, by a vote of 202-46, adopted our current covenants that include a list of prohibited activities. In that list is a prohibition of the overnight parking of (1) commercial vehicles, and separately, among other things, (2) trucks, unless garaged.
These two covenants do not bar homeowners from owning trucks or commercial vehicles, or using them in a business. It only requires that these vehicles be garaged overnight. The covenants provide no guidance on what is defined as a truck other than its structure, that it is something distinct from a commercial vehicle. These same covenants were distributed to every home in Fallsmead in 2010 and have been provided to every new homeowner since then.
The Board of Directors has enforced this covenant in response to complaints of possible covenant violations. The definition of “truck” that has been used to enforce this covenant has been essentially “A vehicle with a flat/cargo bed, and/or a physical divider between the passenger cab area and the other portion of the vehicle OR a vehicle with a Gross Vehicle Weight Rating (GVHR) 10,000 pounds or greater.”
In light of the apparent disparity in the covenants that allow very large SUVs to park overnight in the neighborhood without being garaged while small trucks, often used as personal vehicles, are required to be garaged, the Board obtained legal advice regarding the options it has enforcing this covenant (the Board does not have the option of not enforcing a covenant).
