My HOA is towing vehicles from driveways at night using 1977 loophole

A PICKUP driver is spending $1,000 a year to ensure their trucks aren't towed by their HOA in the middle of the night.

Drivers thought a new HOA regulation would allow them to use their driveways overnight, but the associations are fighting back.

A Chevy Silverado driver said he received $5,000 in parking fines from his HOACredit: WFTSDrivers in a neighborhood said they spend $500 yearly per car to park in a lotCredit: WFTS

Melissa Siet owns a commercial panel van, and her husband drives a pickup truck, according to Florida-based ABC affiliate WFTS.

Siet said she agreed to HOA parking regulations when she bought her home.

The regulations restrict commercial vehicle and pickup truck drivers from stowing their vehicles outside the home's garage overnight.

The HOA will tow pickups left in the driveway between 11 pm and 5 am.

Instead, Siet said she has to pay $500 for each vehicle to park in a lot next to their community.

But she got excited after a recently passed law offered some hope.

State lawmakers in Florida passed HOA regulations that forced the associations to change parking rules, stop fining garbage can violations, and maintain transparency.

The law also specified that HOAs cannot restrict pickups from parking in the driveway.

"I thought it was for everybody," Siet told the station.

"We got so excited about it when it got signed, and we thought, great, this is going to save us $1,000 a year. But that’s not happening."

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The HOA said the law does not apply to drivers in its community because it added a clause in the covenant in 1977.

"All current parking rules and regulations will remain the same," an email from the HOA to the residents read, according to the station.

The HOA said it added "Kaufman language" to its initial agreement that superseded the new Florida law.

Kaufman language is a legal doctrine that limits the scope of a law's strength if a contract includes specific language.

This doctrine helps courts and lawmakers avoid unintended consequences by narrowly tailoring their rulings.

The HOA contract includes the phrase "as amended from time to time," which the association argues shields the group from the new Florida law.

Other drivers in the same community said they're disappointed by the HOA's reaction.

Florida's HOA enforcement

Here is more information on House Bill 1203, Florida's new HOA regulation:

Florida put a series of guard rails around HOA fine enforcement.

Here is a list of changes homeowners will see by July 1:

HOAs can no longer restrict parking personal vehicles if they follow state regulationsAssociations must give proper warnings for infractions like garbage bin removal and holiday light displaysHOAs must keep official records of meetings Officials in top HOA positions are subject to criminal prosecution if they accept bribes Associations with more than 100 units must publish public information on its website

The law will be most impactful for pickup drivers and emergency vehicle operators.

HOAs will not be allowed to assign fines for pickup drivers who park their vehicles in the driveway.

The law also restricts associations from fining homeowners for emergency vehicle parking.

"You can imagine how ecstatic I was when I heard I can park it at my own house," Ryan McIntire, a Chevrolet Silverado owner, told the station.

McIntire said the parking lot is 0.8 miles from his home.

He makes twice daily trips to use his car.

McIntire said he received dozens of $100 fines for parking his truck in the driveway.

He nearly had to pay the association $5,000 because he put the car in his driveway.

McIntire and Siet said they would abide by the rules because of the contract loophole.

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