Legal Question in Real Estate Law in California

Re: Can CC&R's prevent you from parking a business vehicle in your driveway?

The answer, as with everything in the law, is, "it

depends." If the CC&Rs are as unclear as you say,

then the ultimate answer would be whatever a judge

decides after a trial. No one can predict with

certainty what the judge will decide, so no one can

give you an authoritative answer. Certainly, you have

persuasive arguments that the CC&R restriction

doesn't apply to ordinary vehicles that simply happen

to have logos on the sides, or that the inaction of

the homeowners association for so long has established

a precedent. However, there may be equally

persuasive arguments on the other side.

You'll be able to get a better answer if you take the

CC&Rs and any other documents to a lawyer, but there

is no absolutely correct answer.

Re: Can CC&R's prevent you from parking a business vehicle in your driveway?

It's hard to say what definition of commercial vehicle applies here, but quite possibly the one set forth in the Vehicle Code: "....a vehicle used or maintained for the transportation of people for hire....or designed, used or maintained primarily for the transportation of property." (VC section 260). Note that this says nothing about logos painted on doors, and would seem to classify pickup trucks as commercial or not commercial on the basis of use, not appearance.

Failure to object to a breach of contract can constitute waiver; waiver can be a defense if repeated or prolonged and later attempts at enforcement of the waived provision would be a hardship on the breaching party (but check the contract for anti-waiver clause).