HOAs Prohibited From Banning Pickup Trucks

Florida’s new law prohibiting homeowners associations (HOAs) from banning the overnight parking of pickup trucks has sparked significant debate among communities across the state. While the law aims to protect property owners’ rights, some HOAs are claiming exemptions and refusing to comply, citing specific legal interpretations of their governing documents.

The law explicitly states that HOAs cannot prevent property owners, tenants, guests, or invitees from parking personal vehicles, including pickup trucks, in areas where they have the right to park, such as driveways. This provision supersedes existing HOA covenants, bylaws, or articles of incorporation, ensuring homeowners are allowed to park personal vehicles in plain view on their property. However, in some Florida communities, this seemingly clear mandate has been met with resistance.

For instance, at The Meadows in Sarasota, the HOA informed residents just before the law took effect that all parking rules would remain unchanged. Similarly, the Calusa Lakes HOA in Nokomis told homeowners that it would continue enforcing existing parking restrictions. Both associations argue that because their governing documents lack “Kaufman language”—a clause that ensures HOA rules automatically incorporate changes to Florida law—they are not obligated to comply with the new statute. The legal rationale provided by their attorneys has emboldened these HOAs to maintain their current parking bans despite the law.

The resistance stems not only from legal technicalities but also from concerns about property values and community aesthetics. Many Florida HOAs have long prohibited the overnight parking of pickup trucks, RVs, and other large vehicles, arguing that such vehicles are unsightly and could negatively impact the neighborhood’s appeal. These restrictions often come with steep fines, and some communities see them as essential to maintaining their standards.

As the issue unfolds, the potential for litigation looms large. Rather than risking costly legal battles, some experts suggest that HOAs adapt their policies to align with the new law. This could include allowing pickup trucks that meet specific criteria, such as those without lifted suspensions or visible cargo in the truck beds. Updating rules in this way would reflect the evolving role of pickup trucks, which are now some of the most popular and desirable vehicles for both work and personal use.

Homeowners and HOA leaders alike should familiarize themselves with the details of this law and its implications. To read the full text of the legislation and understand how it may impact your community, visit the Florida Legislature’s official website or consult a qualified legal professional.