Can a minivan that we have parked at our home for 4 years suddenly be deemed to be illegally parkedbecause it has now been categorized as “commercial”?

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Can a minivan that we have parked at our home for 4 years suddenly be deemed to be illegally parkedbecause it has now been categorized as “commercial”?

We have been living in condo for over 4 years. My husband has a minivan we use to drive to and from work; there are adders attached to roof. We received a notice in the mail from our board that he is now, after all these years, not allowed to park in the parking lot because his vehicle is considered commercial. We find this ridiculous. Rules: Commercial vehicles shall includes those vehicles used for commercial purposes, which may or may not have a “B” plate; any vehicles with ladders or other commercial equipment attached to the exterior of the vehicle, or anyother vehicle used for primarily commercial. What can we do? There is no parking on streets where we live in. Petition to change the rule? How? Vans parked by other owners everyday.

Asked on September 22, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first thing that you need to do is determine whether or not your mini van is actually a "commercial vehicle" within the definition of the association where you live. If the mini van that you have is used solely for driving around town, does not have a commercial license plate and is not used for commercial purposes, it does not appear to be a vehicle prohibited to be parked within the confines of the properties within the association.

You should write the association stating your position that the vehicle is not "commerical" and that you will continue parking it where you have advising that if it is towed, the association will be faced with legal action.

Keep a copy of the letter and see what the response is. You might need to retain an attorney experienced with homeowner's associations.


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