Homeowners Facing Lawsuit For Parking Their Car In Their Own Driveway

Note: This story, originally in the news in January 2015, is being republished.

David and Arna Orlando face a lawsuit from their homeowners association for parking their pickup truck in their own driveway.

The Kimry Moor Homeowners Association initiated legal action, arguing that the truck did not qualify as a personal vehicle. The community, located in Manlius, New York, comprises 84 houses.

According to Kimry Moor’s regulations, vehicles parked in driveways must be “private, passenger-type, pleasure automobiles.” Legal documents reveal that Kimry Moor owns the common areas of the development, including all house driveways. The Orlandos could technically park their truck in the garage.

David stated that his Ford F-150 is registered as a passenger vehicle and that he does not possess a commercial license. Their lawyer, Tom Cerio, criticized the rule, describing it as unreasonable enforcement against a personal-use vehicle, not a commercial one.

David noted seeing many other houses with pickup trucks, vans, and SUVs parked outside. Despite the ongoing legal case in the Onondaga County Supreme Court, he continued parking the truck in the driveway.

Paul Curtin, representing the Kimry Moor Homeowners Association, argued that the pickup truck did not meet the definition of a passenger vehicle. He emphasized that homeowners do not own their driveways and must adhere to the community rules. Other rules at Kimry Moor include bans on parking boats, trailers, tents, shacks, and preventing unusual noise or odors.

David and Arna Orlando also filed a lawsuit against the Kimry Moor Homeowners Association, claiming the association obstructed their quiet enjoyment of property. They are seeking damages and are prepared to compensate Cerio for his legal representation.

Homeowners associations maintain neighborhood standards and typically charge fees for services such as lawn care and snow removal.

Sources: Syracuse.com