Dear Anonymous,

If, by community, you mean a common interest development, or an "HOA," then I believe you will find that they can restrict the size and type of vehicle which may be lawfully parked within the community. It is a very common restriction. First, you need to determine if the CC&Rs actually contain that rule regarding commercial and oversized vehicles. Second, you need to make a request for a variance - it is generally possible for them to grant you an exception if you can demonstrate that your particular vehicle doesn't meet the "spirit" of the law. They are generally trying to prohibit commercial and/or very large trucks. If your Dodge is just a 1-ton pickup, but not a commercial vehicle, they might give you a variance.

Finally, with respect to the Realtor, you may have a substantial problem blaming anyone but yourself. If you were provided the CC&Rs and project rules and regulations before you closed escrow, you are deemed to have read and accepted these rules. The Realtor has not independent obligation (absent your having asked him or her directly the question about your truck) to advise you as to every provision of the CC&Rs and Rules and Regulations - it is incumbent upon you to do so. If you were never provided these documents, then you might have a case of failure to disclose by the seller, but you need to review your purchase documents, as I am sure that you acknowledged receiving these documents even if you never received them.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
david.gibbs@gibbslaw.com

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