Truck Rule amendment to be voted on by membership at annual meeting

Ladies & Gentlemen,

Your annual meeting package was just approved and will be in your mailboxes shortly. In it you will find the standard annual meeting documents PLUS an amendment to the overnight truck parking rules.

***Let me be perfectly clear - the Board, as a whole, does not have an opinion on this matter and will continue to enforce the current restriction or the new restriction, whichever happens to be in force at the time.***

With that said, I will include below the final text of the amendment as approved by our legal counsel and the Board of Directors. It will be the duty of the incoming Board, should this amendment garner the necessary support of residents, to draft a set of additional definitions, i.e. rules, and solicit resident input and critique of those rules for final adoption. This will be in similar fashion to our current "Fence" Policy and "Lawn & Other Landscaping" Policy. Finer restrictions such as height, lighting, size, etc, of allowed trucks MAY be regulated by those rules. This is both legal, per continuing precedent and our lawyer, and within the powers of the Board. This will allow future Boards to adapt with changing times....which our documents have NOT allowed us to do.

Here is the text of the approved amendment you will be voting on. The bold language in red is the amended language:

"ARTICLE VIII, MAINTENANCE AND USE RESTRICTIONS TO SINGLE FAMILY LOTS
SECTION EIGHT. OTHER USES

3. Parking

a. No trucks, buses, boats, travel trailers, boat trailers, mobile homes, motor homes, recreational vehicles, vans (other than those used primarily to carry passengers), box vans, or other types of trailers or commercial vehicles shall be permitted to park overnight on a Lot, or in the streets abutting a lot, unless in an enclosed garage. For purposes of this subsection, the definitions as adopted by the Board of Directors, as amended from time to time, shall be controlling.

b. Notwithstanding the foregoing, pickup trucks used primarily to carry passengers are allowed to be kept in the community and parked overnight outside an enclosed garage. Pickup trucks which display or are equipped with any commercial markings, signs, displays, equipment, inventory or apparatus or which otherwise indicate a commercial or business use such as those which carry tools, equipment, storage boxes, racks, inventory, cargo, or other material used in commerce; which are equipped with camper tops or which have more than four wheels are prohibited from parking overnight outside an enclosed garage."