These Homeowners Were Sued For Parking Their Own Truck In Their Own Driveway

These Homeowners Were Sued For Parking Their Own Truck In Their Own Driveway

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 in August of 2013, claiming that the truck was not a personal vehicle. The Manlius, New York, development consists of 84 houses.

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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 2014 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.

Sources: Syracuse.com / Photo Source: WikiCommons


6 thoughts on “These Homeowners Were Sued For Parking Their Own Truck In Their Own Driveway

  1. If they are suing this homeowner for his pickup are they also suing the neighbors who have a pickup in their driveway

  2. This is exactly why i will never live under an HOA. Bunch of ignorant assholes telling me what i can or cannot do on my own property. Fuck off HOA’s.

  3. This is going on all over the place.anywhere you move now all of them have hoa .this need to stop it bad enough that you are paying a house payment now you have to pay now hoa to it real bad.we just moved to a new area and had a new home build and we have a hoa their .we are paying A lot of money for one small pool that is only open maybe four months out of the year and they can not even keep it clean .and they come around once a month and tell you what you are doing wrong ot that they don’t like.you have them permission for everything you do to your own home .this needs to stop you are the person paying for your own home not these people they should have no right to get to tell you what you can do with your own property.the government needs to stop this crap with the hoa we pay enough money for a home and property taxes we don’t need to add another person we have to pay them to tell us what we can do with our homes they are not paying the house payment.it just more money to screw people out of.

    • The Kimry Moore HOA is in violation of Title18 U.S.C. Section 241; Conspiracy Against Rights, and Section 242; Deprivation of Rights Under Color of Law. If it were me being sued,I would turn it around on them and file federal charges against them and watch them squirm when they find out that each member could be facing up to 11 yrs. combined prison terms and up to $ 350,000.00 in combined fines. They would be repealing a bunch of stupid regulations to get the charges dropped. Like the HOA gives the driveways back to the home owners and a few more.

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