Home owner Associations trying to demand gun free neighborhoods.
- Thread starter greg vess
- Start date
I suppose they could enforce you carrying in your yard or openly, but I don't see how they could legally come in your house and check to see if you have any or inspect your vehicle. They have no authority to do that. Don't ask don't tell....
I am the VP of our HOA. I ran for the position to make sure that I could be on the Board and influence things from the inside, to make sure our HOA didn't become whacky strict.
Now, there are situations where the HOA is more powerful legally, than the county that you live in. The County has noise ordinances and laws about leaving trash out and things like that, but they have no jurisdiction over aesthetics. They can't prevent you from paining your house purple. But the HOA can, by virtue of you signing a contract with them saying that they can, and that you agree to the fines and penalties laid out in the covenant. No matter how dumb they are, the judge can and almost always will side with the HOA, because "You signed the contract"...
That said, there are things that the HOA cannot do, and that is supercede Federal Law. Like the American flag issue. Some HOA's try to prevent you from having a flag out, and so a law was passed specifically barring an HOA from banning the America flag. They might set basic parameters, like saying it must be mounted on the front of the home as opposed to erecting a flag pole, or that it cannot be more than 4 feet, etc... But it's illegal for an HOA to ban the American Flag, although some still try.
The HOA cannot ban guns. It's a Federally protected right, in the Bill of Rights. Just as the HOA cannot bar the First Amendment or the 4th, etc...
Our Covenant stated that no firearms can be worn openly on your property. One of the first things that I did when I got on the Board was bring that up. Even things that are in the Covenant, the Board has the option to not enforce, and luckily myself and 4 of the 5 Board members are gun owners, so that got red-lined on day 1.
Our HOA is pretty good because we all use common sense. We didn't want to live under a strict regime, we just want the "common sense" stuff enforced. Keep your yard clean, don't paint your house stupid colors, don't have broken down cars in the yard or street, don't be a nuisance... You know, things that adults that are responsible enough to buy a $300k range home, should be able to handle without someone telling them....
Either the guy was making it up, or he really does have an out of control HOA with some ****** snowflakes running it that want to stroke their egos and political views by creating a little kingdom for themselves.
If they really pursue this and harass people, they will end up in court, and they will very likely lose. They can't ban the 2AM any more then they can ban the 4th and just walk into your home without your permission...
Now, there are situations where the HOA is more powerful legally, than the county that you live in. The County has noise ordinances and laws about leaving trash out and things like that, but they have no jurisdiction over aesthetics. They can't prevent you from paining your house purple. But the HOA can, by virtue of you signing a contract with them saying that they can, and that you agree to the fines and penalties laid out in the covenant. No matter how dumb they are, the judge can and almost always will side with the HOA, because "You signed the contract"...
That said, there are things that the HOA cannot do, and that is supercede Federal Law. Like the American flag issue. Some HOA's try to prevent you from having a flag out, and so a law was passed specifically barring an HOA from banning the America flag. They might set basic parameters, like saying it must be mounted on the front of the home as opposed to erecting a flag pole, or that it cannot be more than 4 feet, etc... But it's illegal for an HOA to ban the American Flag, although some still try.
The HOA cannot ban guns. It's a Federally protected right, in the Bill of Rights. Just as the HOA cannot bar the First Amendment or the 4th, etc...
Our Covenant stated that no firearms can be worn openly on your property. One of the first things that I did when I got on the Board was bring that up. Even things that are in the Covenant, the Board has the option to not enforce, and luckily myself and 4 of the 5 Board members are gun owners, so that got red-lined on day 1.
Our HOA is pretty good because we all use common sense. We didn't want to live under a strict regime, we just want the "common sense" stuff enforced. Keep your yard clean, don't paint your house stupid colors, don't have broken down cars in the yard or street, don't be a nuisance... You know, things that adults that are responsible enough to buy a $300k range home, should be able to handle without someone telling them....
Either the guy was making it up, or he really does have an out of control HOA with some ****** snowflakes running it that want to stroke their egos and political views by creating a little kingdom for themselves.
If they really pursue this and harass people, they will end up in court, and they will very likely lose. They can't ban the 2AM any more then they can ban the 4th and just walk into your home without your permission...
So could they pass a requirement that all guns be stored in a shed, in a safe unloaded at least 20 feet from the back door, in the back yard shed with a bolt lock on the door? Or that ammo had to be stored in this way for safety reasons?
No, they don't have the legal authority to do that. They can try, but they would lose in court.
This is why I hate HOA's, and why I made sure I got on the Board to squash or minimize such nonsense.
We had a woman in her 50's here... it's a new sub division, I was house #10. She would come down and yell at me if I had my ATV in the street, or set off fireworks on the 4th of July. I was respectful and told her, I am a 43 year old man(at the time) and I paid just as much to live here as she did. I don't ride around all day on my ATV. But if I put on new tires or brake pads, bearings, etc... or need to check and adjust my steering alignment or bed in the brake pads before I get onto the trails... I am gonna go up and down the street once or twice, safely, at the speed limit, etc...
4Th of July comes around, the year they made fireworks legal. I set some off at 8pm on the 4th. It was still light out. She came out all pissed off... I told her that I was trying to be nice and doing it early, rather than at 11pm when she is trying to sleep and everyone else in the state is setting them off.
She told me that her and her husband moved her to retire and that she picked this HOA because it was the strictest she could find and even then, it wasn't strict enough for them and they were going to make sure it got more strict. I told her that this place was sold and advertised as being Buford Schools, despite being in Hall County... meaning, they sold the homes to younger families with kids. I told her if she wanted a retirement atmosphere, she bought in the wrong place and should have gone to a 55+ community.
I ran against her for the Board position and beat her and a week later her house was on the market and they left. LOL
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While I get your overall point... believe me... you actually argued with her about you wanting to illegally ride your ATV in the street?
This is why neighborhoods are so fun. Everyone has THEIR idea about what is 'right'. (And to be clear, I've ridden my son's dirt bike up and down less than a handful of times for the exact same reasons, but I'd sure as hell never argue about it. 
)
LOL, awesome.
If the HOA can dictate how or when at all, you may exercise your 2A rights, and you are bound by that contract since they are a 'private entity' as suggested earlier.....could they also pass a rule that prevents all black people from voting in HOA elections? This is sort of like that old democracy thing. Two wolves and a sheep vote on 'what's for supper?'
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Yep, the PRESIDENT of our HOA (granted it's a 'voluntary' HOA which means no covenants) had a car on blocks in his driveway for well over a full year. Fun times!
Welcome to the hood or oop's there goes the neighborhood
You must have seen my wife and her sister out walking .
