PICK-UP -- PARKING

It seems that some boards and attorneys are seriously disturbed by the word "TRUCK."  Courts have realized already that the phrase "PICK-UP TRUCK" doesn't necessarily mean that they are dealing with a truck in the true meaning of the word. But it still seems that there are boards and attorneys who feel they can test the courts again, in my opinion wasting more good homeowners' money without checking Florida court cases that have already dealt with that issue. (See below!)

Today a pick-up truck no longer is the professional transportation vehicle that was originally designed.  It's a common recreational vehicle that is more and more used by folks to cruise around.

Considering that a pick-up is no more a "truck" than an SUV or a van (often the same chassis), it's hard to understand why boards are still willing to go after neighbors who choose a pick-up for their private use. So far -- as we have seen -- it always ended in defeats for the association -- or even the city of Coral Gables -- because judges seem to have more common sense than certain board members and rule that a good-looking pick-up truck is nothing else than a common vehicle used by homeowners for private transportation. Considering that there are many good-looking pick-ups on the market, they definitely don't "destroy" property values if parked in the private driveways of homeowners.  As one neighbor put it: "Rather a well-cared for pick-up than a rusted rice-burner!"     

In 2024 legislators finally realized the problem and enacted a provision in the statutes that will hopefully stop good association money from being spent on frivolous lawsuits.

Some examples for lawsuits fought over this issue:

• Villas Of Bonaventure At Bonaventure 23 Condominium Association, Inc.

• Turtle Creek Homeowners' Association, Inc. v. Deutsch

• Lowell Joseph Kuvin, vs. City of Coral Gables (3D05-2845)