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Man fights to park in his own Driveway

By
Mortgage and Lending with www.DaveYourMortgageGuy.com - Legend Lending NMLS #293883

My Fox in Tampa Bay(www.myfoxtampabay.com) recently reported about A.J. Vizzi and his fight to park in his own drive way.  When A.J. moved into his home he was told he could park in his driveway.  This was important to him since his truck is oversized for his garage.  The Eagles Masters Assoc, his homeowners assoction said he was in violation and could not park his truck there.  A.J. took them to court and 2 years later the case was ruled in his favor.  The HOA challenged the verdict and finally it was settled for $187k which covered AJ's legal fees.  What is the lesson here??  A.J.'s lawyer feels "I think what people should take away from this is that homeowners should be left alone unless it's a very serious issue," Vizzi's attorney, Dan Anderson said. "And, certainly, requiring a homeowner to spend over two hundred thousand dollars to defend themselves simply to park a vehicle in the driveway just doesn't make any sense at all."

Is it better to fight for the right to park your truck in your driveway or cut your losses and buy a smaller car?

For My Fox Tampa Bay's article: http://www.myfoxtampabay.com/dpp/news/local/hillsborough/homeowner-wins-right-to-park-truck-in-own-driveway-072810

 

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David Krichmar 

Mortgage Banker NMLS#293883 

Legend Home Lending

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Cara Marcelle Mancuso
Golden Girls with SW Desert Homes - Tucson, AZ
Call a Marana neighbor, I'm THERE!

Your story is depressing! HOA's have too much power.  Some times the smaller ones are more likely or able to compromise, but the management companies are all red tape.  At least that's how it's getting to be here.  Such a waste of time and money.  Only the lawyer ends up happy.

Jul 28, 2010 08:40 AM
Cheryl Thomson REALTOR Ret Army
United Real Estate DC Metro Region (703.216.5635) cheryltee47@gmail.com - Prince William, VA
Associate Broker in Northern Virginia

Hi David,

Are you kidding me!? Heck yeah I would fight to park my car in the driveway...sorry like you said that don't make any sense at all. I mean by the picture you displayed it doesn't look like some special or fancy made car...I truly am all for home owners' association but in this instance, no, no, no.

Jul 28, 2010 08:43 AM
Yvette Chisholm
Long & Foster Real Estate, Inc. - Rockville, MD
Associate Broker - Rockville, MD 301-758-9500

We have several communities in my area where they have rules like that.  The buyers here typically lose.   The buyer should read the rules of the community.  If the community does not want trucks and commercial vehicles, they should have a right to live in a community that doesn't allow them parked on the street or driveway.   There are some people who just want to be right and sue.  He should sue whoever told him he could park his truck in the driveway or read the rules.  If they changed the rules after he moved in, he should sue the HOA and they should pay his legal fees and let him have an exception.

Jul 28, 2010 08:44 AM
Fred Hernden, CMI
Superior Home Inspections - Greater Albuquerque Area - Albuquerque, NM
Albuquerque area Master Inspector

I think if you're gonna buy a house in a deed restricted community you BETTER find out pre-sale just what those restrictions are! In this guys case, it sounds like it was more principle than anything. So if the HOA had to reimburse him for legal expenses, who really pays? His neighbors do, that's who. He's probably really popular in his community right about now. I may be wrong but I've served on my HOA board and I must say, it's a thankless job.

Jul 28, 2010 08:48 AM
Deborah "Dee Dee" Garvin
C2 Financial - San Diego, CA
C2 Financial

David, I lived in a condo complex in the San Francisco East Bay area that had exactly that rule.  You could park a 67 beat up VW in the driveway, but a pickup truck (any pickup truck) had to be in the garage at night.  My SUV could stay out, but never the truck.  Ridiculous. 

Jul 28, 2010 08:48 AM
Linda Humphrey
Humphrey Home Connections Realty, Reno, Nevada - Reno, NV
CRS, Broker/Owner HHC Realty

I bet the other homeowners in that development will be really pleased when there is a special assessment to cover those legal fees. Sadly, he may have both won and lost (friends in his neighborhood).

Jul 28, 2010 08:49 AM
Mike Carlier
Lakeville, MN
More opinions than you want to hear about.

The lawyer can now afford a half dozen fairly nice trucks.  

Jul 28, 2010 08:52 AM