Benfield Seeks Board Input – Commercial Vehicles Parked in Residential Areas

On Wednesday, January 8, 2025, Tom Benfield, the Community Support Manager for the Hot Springs Village POA, spoke with the Board of Directors about commercial parking in residential areas. As it was a discussion session, no votes were cast.

Benfield requested the Board of Directors to clarify the enforcement of rules concerning commercial vehicles parked in residential areas. He stated, “According to the current rules and regulations, commercial vehicles are prohibited from parking for more than 72 hours in a residential area.” Community Support frequently handles complaints from neighbors about this issue.

Benfield clarified that the rule is somewhat ambiguous since a commercial vehicle could range from a bucket truck to a small sedan with an advertising wrap or various other types of vehicles.

Benfield mentioned that Community Support seeks clearer guidance on what the Board wants enforced. He noted a rise in the number of these vehicles, possibly because the completion of the bypass has made the village a more convenient commute for those working in Hot Springs. Many individuals are now required to bring their commercial vehicles home with them.

“We need to decide whether we will strictly enforce this rule and require commercial vehicle owners to find storage, or if we should adjust the rules to allow some smaller vehicles with vinyl wraps. We don’t want to enforce regulations that drive residents away because they can’t bring their work vehicles home as required by their job.”

Benfield requests that the Board consider options

Current rules

Benfield shared the current rules and proposed options.

Current rules say that non-family vehicles are defined as not normally used for personal or family transport. Examples of non-family vehicles include but are not limited to, buses, box or utility trucks, vans over 8,000 pounds gross vehicle weight, construction equipment, commercial vehicles, recreational vehicles, motor homes, campers, watercraft, and watercraft trailers. Non-family vehicles are subject to additional restrictions.

These vehicles may only be parked in a residential driveway for up to 72 hours in any two-week period for the purposes of loading, unloading, cleaning, or servicing the vehicle.

These vehicles may not be parked on the street at any time except for vehicles actively servicing an adjacent residence or business.

Proposed options

Benfield offered three options, with two requiring modification of the current rule.

1. Modify the rule in some way to make it acceptable for certain sizes/types of company-owned vehicles to be parked in a residential driveway.
2. Remove the words “commercial vehicles” from the list of non-family vehicles.
3. Leave the rule wording as is and have the backs of Community Support when the rules are enforced fairly and consistently.

Former Board President Keith Keck shares insight.

Former Board President Keith Keck noted that a similar situation arose in the 2012/2013 timeframe. At that time, the Board remarked, “If you start opening the aperture up, it may create concerns.” Mr. Keck provided three historical examples related to commercial vehicle parking in the village.

1. A heating and air company owner parked his well-maintained vehicle at Maderas Drive and Altesa Drive behind the Granada Golf Course. No complaints were lodged. “We just let it go because he was a good neighbor and did everything that needed to be done.” The vehicle was a nice-looking van with signage. “Although he no longer lives here, this was an example of someone who got along well with his neighbors and everything else.”
2. An independent contractor lived in a sparsely populated area with only a few neighbors. Initially, he just parked his company truck at his residence. However, the situation escalated: he began parking a trailer attached to the truck, and later, a skid steer on the property. “As soon as the aperture was opened by allowing him to park the truck at his residence, he was no longer a good neighbor.”
3. A semi-driver secured a commercial location to park his semi on weekends. This arrangement did not cause any issues, and no complaints were filed.

Mr. Keck elaborated, “Everything was handled individually. I understand Community Support has more concerns about this now.” In the past, the community didn’t have a problem with this issue if the commercial vehicle owner was a good neighbor.

Mr. Benfield clarified that his suggestions apply specifically to residential areas, not commercial ones. “From the enforcement end, we are tasked by you [the Board] to enforce what is written in the rules. We strive to be firm, fair, and consistent so that we are not the ones deciding what is acceptable for one person but not for another.”

Board Chair Joanie Corry said that changing this rule would mean a change to the Covenants. Board Vice Chair Larry Siener agreed.

Board Director Bruce Caverly noted that while the village has rules, they may have been established in the 1970s or 1980s, and times have changed since then. “We have many residents who drive commercial trucks. I’m not talking about the big box trucks, but pickup trucks. They live here. They work here…” Caverly explained that preventing these residents from parking their trucks at home might force them to leave their work vehicles in downtown Hot Springs, retrieve them, and then do their jobs in the village or Jessieville.

Corry asked if a garage could be used to house the vehicle.

Board Director Mark Quinton said that he parks his boat in the garage.

Caverly said that some of the trucks will not fit in a garage. Many commercial vehicles have a ladder rack, which won’t fit into a regular garage.

Board Director Gary Belair said that some of the commercial wraps are very brightly colored – drawing attention to the vehicle.

Quinton also mentioned that the Rules and Regulations are behind a firewall on the Explore the Village website. “Unless a realtor explains the rules and provides a copy, newcomers won’t know them until they are already members. New members might not be aware of the expectations. We might want to address this issue.”

Benfield explained that much of the resistance from new homeowners stems from their lack of awareness about the rules. He mentioned that before he moved and became a community member, it was challenging to find the rules.

Corry suggested that they could consider publishing some governing documents on the website’s public side. There have also been requests to make the declarations and bylaws accessible to the public. However, the association’s financial information will remain private and not be posted publicly.

Benfield mentioned that it would benefit Community Support to clearly define this rule for enforcement. He noted that, in his view, any vehicle with signage should be classified as a commercial vehicle. He seeks clarification to ensure he enforces the rules as the Board Directors intend.

Siener suggested that if commercial vehicles are permitted to park in residential areas, they should be restricted to one commercial vehicle per property, and size and noise should be considered.

General Manager Ken Unger pointed out that aside from the size issue, covenants require certain vehicles to be parked in carports, garages, or other locations approved by the ACC. He suggested that the ACC, which is responsible for maintaining the community’s aesthetics, should handle this matter.

By Cheryl Dowden

Personal information from the images below has been redacted.