Note: we are republishing this story in light of recent reports that suggest HOA lawsuits against homeowners have spiked during the pandemic.
David and Arna Orlando are being sued by their homeowners association for parking their pickup truck in their own driveway.
The Kimry Moor Homeowners Association filed the lawsuit, claiming that the truck was not a personal vehicle. The Manlius, New York, development consists of 84 houses.
Kimry Moor’s regulations state that cars parked in driveways must be “private, passenger-type, pleasure automobiles.” Court documents show that Kimry Moor owns the common areas of the development, which include the driveways of all houses. Technically, the Orlandos can park their truck in the garage.
David says that his Ford 150 is registered as a passenger vehicle and that he does not even have a commercial license. The Orlandos' lawyer, Tom Cerio, said: “This is a silly rule. It's fair to say the association is definitely overreaching. And they are enforcing this rule for a personal-use vehicle, not a commercial vehicle."
David added that he has seen pickup trucks, vans and sport utility vehicles parked outside of many other houses. He has continued to park the truck in the driveway since the case was filed with the Onondaga County Supreme Court.
Paul Curtin, who represents the Kimry Moor Homeowners Association, said the pickup “is not a passenger vehicle by definition.” He added that the homeowners do not own their driveways and must abide by the rules. Other rules adopted by Kimry Moor include no parking of boats and trailers, no tents or shacks and no unusual noise or odors.
David and Arna have also sued the Kimry Moor Homeowners Association for damages, saying that the association has “impeded and interfered with the Orlandos’ quiet use and enjoyment of their property.” They also want to be able to pay Cerio for representing them in the case.
Homeowners associations are meant to keep neighborhoods in good condition and often charge a fee for lawn maintenance, snow plowing and other services.