Legal Question in Real Estate Law in California

The first definition an attorney would want to look at is not how the DMV defines a "commercial' vehicle, but rather how the term is defined in the covenants and restrictions. Only if no definition was provided, would it be necessary to work with outside definitions.

After reading a few sections of the vehicle code and annotations thereto, I would conclude that under the Code definitions this is not a commercial vehicle. See, e.g., VC section 260. A commercial vehicle under California code designations is one that is designed, maintained and used primparily for the transportation of persons for hire or for the transportation of property. A work truck used in a person's trade or occupation is generally not a commercial vehicle under this definition. See California Career Schools v. Department of Motor Vehicles (2004) 120 Cal.App.4th 10.

The following is a quotation from the Career Schools case: 'According to a declaration submitted by respondent's Assistant Chief of Registration Policy and Automation Branch in the trial court, the term �commercial vehicle� is often misperceived. �It is a misnomer in certain ways. Vehicle Code Section 260 defines a commercial vehicle as a vehicle designed, used, or maintained primarily for the transportation of property. A commercial vehicle does not mean it is used in business. Commercial is a term that refers to the design of the vehicle.� '

Nevertheless, as Mr. Roach points out, an HOA is not necessarily limited to using the Vehicle Code definition. It is free to define the term otherwise in its rules. If it has not done so in the written, adopted rules already, however, it could be stuck with the code definition if push comes to shove and a court is called upon to decide.