- January 8, 2025
Loading
Apparently, there are some people on the Country Club-Edgewater Village Association (HOA) who believe the new Florida House Bill 1203 to be a guideline, and not something our HOA must follow.
The bill, which passed during 2024, allows homeowners to park their non-commercial pickup trucks in their driveways without prohibition or fines levied by their HOA.
The geneses of not allowing pickup trucks to park overnight in a homeowners’ driveway goes back to the mid-1990s when HOA convenance rules were written and pickup trucks were generally considered commercial vehicles, used by blue collar tradesmen (plumbers, electricians, etc.), which didn’t fit into the character of the new communities that were being established.
Fast forward 30 years, and pickup trucks are now considered luxury vehicles with sticker prices extending well into six figures. HOA’s were still adhering to their rules of not allowing pickup truck owners to park on their own driveways overnight. A Miami resident sued the HOA claiming discrimination, since SUVs were exempt and non-commercial pickup trucks were not.
A lawsuit was filed and the Ford Motor Company got involved as a friend of the court claiming that its vehicles were directly being discriminated against and the law was affecting free commerce (as a note, the No. 1-number one selling vehicle for over 40 years has been the Ford F-150 pickup).
The judge found the HOA guilty of discrimination against the homeowner and the HOA had to pay the court cost of approximately $200,000.
Following this lawsuit, the Florida Senate unanimously passed Bill 1203, which was subsequently signed into law by Gov. Ron DeSantis, effective July 1, 2024. Subpart 720.3075 3(b) of the law dictates that Florida HOA’s may not restrict the ownership or parking of a non-commercial pickup truck in a resident’s driveway. The actual wording of the Law is as follows:
“Homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not preclude:
(b) A property owner or a tenant, a guest, or an invitee of the property owner from parking his or her personal vehicle, including a pickup truck, in the property owner’s driveway, or in any other area at which the property owner or the property owner’s tenant, guest, or invitee has a right to park as governed by state, county, and municipal regulations. The homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit, regardless of any official insignia or visible designation, a property owner or a tenant, a guest, or an invitee of the property owner from parking his or her work vehicle, which is not a commercial motor vehicle as defined in s. 320.01(25), in the property owner’s driveway."
During a CEVA meeting, an attendee stated that they didn’t want a rusty old pickup parked in their adjacent driveway. I think we are all in agreement with that sentiment, just like we wouldn’t want a rusty Chevy Vega or Ford Pinto in our adjacent driveways, but that has not been an issue. We are all responsible homeowners who take pride in our community and maintain our properties.
Recently officials on the governing HOA sent out notices of violations to some pickup truck owners for parking in their own driveway, citing 60 days for conformance or fines of up to $5,000. This will certainly lead to a legal matter because who is actually breaking the law here, the owner or CEVA?
A list of legal counsel to provide pro bono help is readily available on any internet search. There is no loss for the homeowner with a pickup truck to fight this, and with case law, they will win. The HOA lawyers will be paid regardless of the outcome, so they have no risk of loss. Apparently, the LWR HOA is willing to gamble on a high-risk lawsuit that could potentially cost the HOA members dearly.
I am a homeowner who does not want to pay legal fees for my HOA to fight an un-winnable case.
Instead of disobeying the law and risking significant litigation costs, the CEVA board should consider stipulating guidelines for truck owners to follow. Examples could include not allowing lifted suspensions or visible work items in the truck bed. I’m sure that reasonable measures can be agreed upon to minimize the concern that pickup trucks do not become an eyesore that could potentially impact neighboring property values.
–Peter Pohlot, Edgewater
Backyard Social, an outdoor late-night dance and party club, received a favorable recommendation from the Sarasota County Planning Commission for permission to allow outdoor music from bands and DJ’s until 2 a.m. on Fridays, Saturdays and holidays, and until either 11 p.m. or midnight on certain weekdays.
The proposed new club would be located on Professional Parkway in the Lakewood Ranch Corporate Park, near thousands of homes.
We are worried about noise in the evenings when we open a window or sit outside in our backyard. This late-night music would negatively affect our quiet residential neighborhoods.
There is also fear of a “tag-a-along” effect with other businesses in the Waterside district seeking similar late-night hours of operation as music venues, so they can remain competitive — all to the detriment of the quiet residential neighborhoods in the area. In addition, we fear similar type businesses will be drawn to the area once a single late-night early morning party club is approved.
We are also concerned this type of club will change the character of our community in a negative way, considering the magnitude, frequency and intensity of outdoor live music and DJ noise. Life in nearby backyards and homes will never be the same. It is impossible to have a late-night outdoor music/bar venue without affecting the lives of nearby families. Once the noise problems begin, they become unsolvable and unending. No amount of desperate noise complaints to the police and to Sarasota County officials will help.
The Waterside Neighborhood Alliance, a group of citizens from The Polo Club, Shoreview at Waterside, Lakehouse Cove at Waterside, Bay Landing, the Alcove and some individual homeowners in the area, plan to oppose this application.
A public hearing is scheduled for Jan. 15 before the Sarasota County Commission beginning at 9 a.m. at the Robert L. Anderson Administration Center Chambers at 4000 S. Tamiami Trail, Venice.
Those interested can email [email protected] or call 201-316-7895.
–Stanley Morrow, Lakewood Ranch