Wait, What? This Homeowner Was SUED For Parking In His Own Driveway!

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Every time you think you’ve heard and seen it all…Apparently, these homeowners were sued for parking in their own driveway!

David and Arna Orlando love their home, but they can’t say the same for their homeowners’ association. These homeowners pay a premium to live in their Manilus, New York development, but they are being sued by the HOA that they live under simply for parking their big black pickup truck in their own driveway.

The lawsuit brought by the Kimry Moor Homeowners Association stipulates that since the big black pickup truck is not considered a personal vehicle, it shouldn’t be parked in their driveway.

Of course, like any other HOA, Kimry Moor has some very specific rules regarding how owners can use their property, and this includes what types of vehicles they can place on it as well. To wit, the vehicles that can be parked on the property should only be “private, passenger-type, pleasure automobiles” and not commercial pickup trucks that are normally used for making money on the job.

Where it gets complicated is that court documents confirm that the Orlandos actually do not own their own driveway. Instead, that does indeed belong to Kimry Moor, which owns all of the common areas of the development, including the driveways. No, the Orlandos are not forbidden from owning a work truck, but they aren’t supposed to park it in their driveway. Instead, they are welcome to park this commercial vehicle in their garage instead so that passers-by going through the Kimry Moor development do not see it.

However, the plot thickens when you consider that David Orlando is claiming that no, his Ford F150 pickup truck is not being used for commercial purposes. Instead, he said that he has registered the vehicle as a passenger vehicle and that he didn’t even have a commercial license. Nevertheless, Kimry Moor is trying to make an example of him for parking his large pickup truck in the driveway.

The Orlandos’ lawyer, Tom Cerio, said: “This is a silly rule. It’s fair to say the association is definitely overreaching. And they are enforcing this rule for a personal-use vehicle, not a commercial vehicle.”

Even though the lawsuit has been filed with the Onondaga County Supreme Court, David Orlando continues to park his pickup truck in his driveway in the front of his New York home. He is also claiming that there are plenty of other “commercial” vehicles such as work vans, pickup trucks, and SUVs in the other driveways. Due to this, he is confused as to why Kimry Moor is coming after him for his black pickup truck.

In the meantime, Paul Curtin, the man that represents Kimry Moor Homeowners Association, continues to insist that Orlando’s pickup truck “is not a passenger vehicle by definition.” Homeowners do not own the driveways, and so Curtin insists that Orlando and the other people in the development should abide by Kimry Moor’s strict rules.

Indeed, there have been plenty of odd rules put into place by this HOA in order to keep their homeowners in check. This would include no parking of boats or trailers, no unusual noise outside of homes, and no shacks or tents installed on the property.

As a response, the Orlandos have filed a lawsuit against the Kimry Moor HOA for damages because the HOA “impeded and interfered with the Orlandos’ quiet use and enjoyment of their property.” In addition to monetary damages, they also want the HOA to cover Cerio’s legal fees.