A South Fort Worth homeowners association has ordered a couple to remove an ice cream truck from their own driveway, saying it violates a rule which forbids homeowners from parking commercial vehicles.
The couple says it’s their business and neighborhood kids depend on it.
"My favorite part is seeing the happiness the adults get, the children get, when they see me roll around," said Kelsey Briones, a college student who plans to go to medical school.
She and her husband Joe Sanchez-Trapp bought the old 1984 postal truck and started selling ice cream to make extra money.
For the past year, it hasn’t been an issue, they said.
But in a letter, the Hulen Heights HOA said the couple has until May 30 to move the truck. It’s too large to fit in their garage.
"I knew about vehicle stipulations like you couldn't have 20 vehicles out front yada yada yada,” Sanchez-Tripp said. “But honestly, something parked in our driveway, I didn't think it would be an issue."
The couple said hiring an attorney would be too expensive and parking it at a storage facility would eat into their profits.
With just a few weeks to go before the deadline, they're weighing their options.
"Either find storage and hope the profits work out or sell the truck and shut down the business,” he said.
They admit it's a fight they probably can't win, pitting them and their ice cream truck against the HOA and its rules.
"It's parked all the way up against our garage in our driveway. It's not hurting anybody,” Sanchez-Trapp said.
HOA President Thomas Fitzsimmons declined to comment.