Saturday, April 14, 2007

Homeowners association loses bid to keep $60,000 trucks under wraps
Fred Pilot sent this along. Man, would I love to have that truck in my driveway. How can a luxury vehicle hurt property values? And what a ridiculous rule, anyway.

PALM CITY — For two years, Mark Kirk and his 2002 Cadillac Escalade EXT lived the perfect suburban life. Kirk swung the luxury sport utility truck in and out of his driveway in his gated community with little more than compliments from neighbors and friends. But in 2005, on the heels of a leadership change in his community's homeowners association, Kirk and another Escalade owner received messages from community leaders. Because the cargo areas on their $60,000 trucks made them look like pickups, association leaders said, they would be able to keep their vehicles only if they stashed them as far out of public view as possible. Association leaders took their battle against the Escalade owners to court, asking a judge in September to grant an injunction forcing Kirk and another homeowner, Darrell Willson, either to shove their 19-foot trucks into their 20-foot garages or get rid of them. The dispute culminated in a weeklong trial before Circuit Judge Robert Makemson last year. An attorney for the Preserve at Hammock Creek homeowners association argued that the Escalade owners violated association rules against "boats, trailers ... motor homes, golf carts, motorcycles, pickup trucks or recreational or commercial vehicles" in any area visible to passersby outside the home. Stuart attorney Bill Ponsoldt, representing Kirk and Willson, brought in documents from General Motors and local dealers who classified the vehicles as either a sport utility vehicle or a sport utility truck. On Friday, Makemson issued ruling in chambers siding with Ponsoldt and the Escalade owners, saying that if the makers of the EXTs don't classify the cars as pickups, neither should the homeowners association.

1 comment:

Anonymous said...

Some knucklehead in the "new leadership" bought into the the CAI philosophy of zero-tolerance enforcement and wasted a lot of money on lawyers instead of fixing a stupid rule. It seem to me the "business judgement rule" would say don't start stupid wars that can't possibly accomplish anything of benefit to the assocaition.