Kimry Moor Homeowners Association rules state only "private, passenger-type, pleasure automobiles" can be parked in driveways.
The same group classifies David and Arna Orlando's 2014 Ford F-150 as a commercial vehicle. "This is absolutely absurd,'' David told Syracuse.com. He says the truck's registration lists it as a passenger vehicle. He further claims other families in the neighborhood park trucks in their driveways
Attorney Paul Curtin represents the Homeowners' Association. He called the case "a matter of restrictive covenants, and interpretation of those covenants."
However, the Orlando's lawyer Tom Cerio disagrees. "This is a silly rule,'' he told the Post-Standard.
The matter is complicated further by a covenant stating homes in the neighborhood belong to the residents, but the association owns the driveways and “common areas.”
The suit was filed in 2013 but is still in the discovery phase. Depositions will begin soon. In the meantime, the Orlando’s continue parking their truck in the driveway.
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