Q: Our community does not allow “commercial vehicles” to remain overnight. However, the association documents define what a commercial vehicle is differently from our city, and the state has yet another definition. The Board is attempting to have the homeowner remove his “commercial vehicle,” as defined in our documents; however, according to state law, it does not qualify as a commercial vehicle. Which definition is valid? — Ira

A: Community associations often have rules that exceed the requirements of local or state laws. A typical example is restrictions on parking, especially when it comes to “commercial vehicles.” However, confusion can arise when the association’s definition of a commercial vehicle differs from the city’s ordinance or the state’s law.

When this happens, it’s important to remember that association rules are a form of private contract. If you live in a community governed by an association, you’ve agreed to follow its rules, as long as they don’t conflict with “higher” laws.

The association’s documents may define a commercial vehicle for the purposes of parking and storage. This definition may be broader or narrower than what the city or state uses.

If the association’s definition is more restrictive than the city’s or state’s, the association can generally enforce its own rules, as long as they don’t violate public policy or state law.

For example, if the association defines a commercial vehicle as any vehicle with business signage, even if the state does not, the association’s definition will usually control within the community.

However, if state law specifically says that associations cannot prohibit certain types of vehicles, such as in Florida, or if there is a direct conflict with state or municipal law, that rule will override the association’s rule.

This issue can be further complicated depending on when the relevant statute was passed, as well as when your community documents were signed. Generally speaking, though, the association’s rules will apply because it is part of the contract you agreed to when you bought your home, and because such direct legislative preemption is relatively rare.

Due to the many intricacies involved, your community should consult with its attorney to determine the best course of action.

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