Skip to main content

Decisions and Orders Main Page

CCOC Decision Summary

#248-G, Seneca Forest Community Association v. Ramsey (July 21, 1994) (Alper, Chester, Szajna)

The homeowners association (HOA) complained that the homeowner (HO) was parking a tow truck near his home in violation of the rules.

Since the HO did not appear at the hearing to defend himself, the panel reviewed the record to verify whether the Commission had jurisdiction over him.  The record showed that the Commission's staff had mailed a notice of the hearing to the HO by regular and by certified first class mail, and neither the receipt showing delivery of the certified mail, nor the regular first class mail, was returned to the Commission by the Postal Service.    The staff sent a summons to the HO by regular and certified first class mail, and the certified receipt was returned, apparently signed by the HO himself; the Postal Service did not return the regular mail.  A second summons, this one requiring the HO to bring certain documents to the hearing, was sent by regular and certified first class mail, and the certified mail receipt, and the regular mail, were not returned.  There was no other evidence to show that the address to which all these notices were sent was not correct.  The panel therefore held that the HO was properly served with notice of the hearing, that the Commission made reasonable efforts to notify the HO of the hearing, and that therefore the Commission had jurisdiction over the HO even though he did not come to the hearing.

The evidence presented at the hearing by the HOA showed that the HOA's Declaration, as well as several rules passed by the HOA board of directors, prohibited the parking of commercial vehicles and trucks.  Ordinarily the HO would be given a copy of the Declaration when he bought his townhome.  The HOA notified the HO that he was in violation of the rules by parking a tow truck, and the HO appeared at a board meeting to discuss the violation; the HO's defense at that time was that the truck was vandalized when he parked it outside the community and that he had no other place to park it; that the truck is frequently parked in the community parking lot where it blocks 6-7 parking spaces and caused numerous complaints.

The hearing panel ruled that the HO was aware of the rules, that the truck was a commercial vehicle, and that it had been repeatedly parked in violation of the community rules.  The panel ordered the HO to remove the truck within 30 days and not to park it or any successor commercial vehicle on the HOA property.

Go Top