HOA Bans Guns

[AFA1CY]

Uhh...there's already a nice infrastructure for such disputes. You don't need an HOA to handle that....

Not if you live in Indianapolis (one of the reasons I moved). Call the "Action Line" and if they answer you might get some action in a few months.

 

[patton487]

Wouldn't it be easier for the HOA nazi's to just make it illegal to rob people in there neighborhood? Damn! I keep forgetting the criminals don't read the HOA rule book.

 

[AFA1CY]

I know it takes 75% of the titled homeowners in my addition to change a CC&R. But then again probably 75% of the homeowners in my addition are gun owners

 

[mertbl]

My HOA is pretty relaxed. We live near the front of my addition. Last summer my grass got kinda long while I was getting my mower fixed. No letters, no calls, no knocks on my door telling me to mow or else.

Back on topic, I'm not out front parading my guns around (well, pistol on my hip but i digress) so what they don't know won't hurt them.

 

[singlesix]

HOA CC&Rs aren't unconstitutional, nor are they ex post facto, nor are they regulated by anything other than the federal Fair Housing Act. You are free to contract away all of your rights, including future rights. HOA CC&Rs will always have an amendment process defined, and if the CC&Rs are amended, you are responsible for following the new restrictions.

CC&Rs don't amount to laws; you can't go to jail for violating them. You can be fined, and if you don't pay your fine, you can be evicted.

Interestingly, HOAs can be created where one did not previously exist. Even if you do not vote for it you are bound by the CC&Rs.

States and courts are not really interested in passing laws that interfere with private contracts between individual parties.

Bottom line: Big plot of ground, no neighbors, no HOA, no CC&R.

OK so if the HOA says only white people allowed than that's OK? I think not. The HOA exists for the purpose of maintaining the appearance and architectural standards of the neighborhood.

 

[mrjarrell]

OK so if the HOA says only white people allowed than that's OK? I think not. The HOA exists for the purpose of maintaining the appearance and architectural standards of the neighborhood.

Nope, because that would be a violation of federal housing laws. No HOA can do that.

 

[DocGlock86]

A couple things:

• Not saying what the HOA did is or isn’t legal, I don’t know. Never dealt with them never will. But if they can set “rules” like this doesn’t that give them reign to make up any kind of rules. I.e. no holding bible studies, no grilling certain types of food, no vehicles over a certain year (which if I remember there was a news article a while back ago with just that), and the list goes on. I understand that somebody had to sign a contract but isn’t there some kind of line that the HOA can’t cross?

• There isn’t a way they could enforce this as far as doing searches of homes right? I mean you don’t show off the gun how would they know?

• What happens when the guy who lives next door decides to rob your house with a gun? One couldn’t you sue HOA for stripping you the right to defend yourself and Two do you think the HOA would kick this guy out, after he served his criminal time, for breaking the HOA “Rules”?

 

[singlesix]

Nope, because that would be a violation of federal housing laws. No HOA can do that.

So they can't violated local law that allow ownership of guns. But than again I'm not a lawyer.

 

[Leadeye]

Some HOA's in Tennessee are connected to the TVA which may explain this. That's probably the most knot headed bureaucracy in the country. Heard this from a freind that was considering retiring there.

 

[mrjarrell]

So they can't violated local law that allow ownership of guns. But than again I'm not a lawyer.

There is no local law anywhere, (other than perhaps Kennesaw, GA) that allows or protects firearms ownership. In fact there are many instances of federal, and local gun bans. Many housing projects have bans and they're seemingly legal. It's not a great stretch to see that an HOA would do it, too and not be in violation of any law due to their contract.

 

[dude84]

People won't give up their guns. They may be seeking action against an individual in-case of a documented incident, in the future. If even a police complaint is filed, that being within public access could result in breech of contract, resulting in legal action.

This could easily turn into discrimination, if the HOA has any proven prior knowledge of firearms in other homes, after the rules take effect and no action being taken.

The community is privately ran and they signed the contracts. Depending on their rule making process and contractual obligations, the gun owners may have to consult with a class action attorney before anythings changed.

 

[Eddie]

Uhh...there's already a nice infrastructure for such disputes. You don't need an HOA to handle that.

I was very happy to purchase a house, 2 months ago, in what some call Fort Wayne's "Northeast Ghetto". When my wife & I went to view it the first time, one house a few roads over had a rusty semi trailer parked in the driveway. That right there told me all I needed to know about the neighborhood. I'll be able to live how I'd like & enjoy my freedoms on my own property. I really don't care if my neighbor's grass is 8" tall. I don't care if they grow 1/4 acre of corn. That's their property, not mine.

I would never enter into a HOA.

:Edit:
Yes, I understand that by living within the Fort Wayne city limits, I don't have my full set of freedoms. I don't come from a family where financial responsibility was taught, so I'm not yet one of you wealthy land-owners. One day I'll have my 10-20 acres outside the annex-zone...but for now I'm at least happy that I'm not stuck in an apartment anymore.

Yes, the sword does cut both ways. HOA's create a set of "community values"; at least in theory. I live in a little town where there is no zoning and very few ordinances. I can build what I want, burn trash and leaves and park whatever I want wherever I want on my own own land.

The flip side is that so can my neighbors, like the guy down the street that kept a horse on his quarter acre lot with a "fence" that was partly constructed of an old van, some appliances and a boat.

Its all a trade off and it depends how you want to live. If you don't mind some soccer moms making up rules about your flower beds so that you can be sure your neighbor doesn't keep ponies in an old school bus (true story) or build a teepee for his goats (another true story) then HOA's can be good. Then again if you are more a live and let live sort of guy then HOA's can be a huge pain in the butt.

 

[CountryBoy19]

And just to think... I bought my house because there was NO HOA, and now we're talking about forming one (special circumstances).

 

[henktermaat]

Yes, the sword does cut both ways. HOA's create a set of "community values"; at least in theory. I live in a little town where there is no zoning and very few ordinances. I can build what I want, burn trash and leaves and park whatever I want wherever I want on my own own land.

The flip side is that so can my neighbors, like the guy down the street that kept a horse on his quarter acre lot with a "fence" that was partly constructed of an old van, some appliances and a boat.

Its all a trade off and it depends how you want to live. If you don't mind some soccer moms making up rules about your flower beds so that you can be sure your neighbor doesn't keep ponies in an old school bus (true story) or build a teepee for his goats (another true story) then HOA's can be good. Then again if you are more a live and let live sort of guy then HOA's can be a huge pain in the butt.

A teepee for his goats?


scary stuff.

 

[MBG]

They just put a lien on the property making it impossible to sell. Lawyer fees and fines just keep piling up. Sure...you can file bankruptcy and walk away from the home. But you can't walk away from what the HOA is awarded in the civil suit.

Well, ymmv, but I say BS. I have paid my dues exactly twice in 13 years in my HOA. I have been taken to court, admitted I did not pay and still won....

I have had the liens removed and past bills erased. If they pull the same stuff that ticked me off 12 years ago, I'll stop paying again. If I am denied access to the accounting, I'll stop paying.

The only reason they got it twice is they figured out they can not win in this jurisdiction and filed in a different township.

as long as they do their job, IE mow the common areas and remove snow, I'll pay the measely fee, screw with me and its on like donkey kong.

Not one bit afraid of an HOA.....

 

[Manan]

HOA's can't make anything "illegal".

 

[Roadie]

Well, ymmv, but I say BS. I have paid my dues exactly twice in 13 years in my HOA. I have been taken to court, admitted I did not pay and still won....

I have had the liens removed and past bills erased. If they pull the same stuff that ticked me off 12 years ago, I'll stop paying again. If I am denied access to the accounting, I'll stop paying.

The only reason they got it twice is they figured out they can not win in this jurisdiction and filed in a different township.

as long as they do their job, IE mow the common areas and remove snow, I'll pay the measely fee, screw with me and its on like donkey kong.

Not one bit afraid of an HOA.....

No BS. I posted links to actual stories of this very thing happening, earlier in the thread... they have, and do, put liens on houses all the time..

 

[Vic_Mackey]

god bless the hoa nazis. i remember when i bought my house and was filing the paperwork. it said in the hoa agreement that explosives were not allowed. i asked my real estate agent what the deal was and what it pertained to. the hoa rep said that it was exactly how it sounded. i laughed and said "so do you mean this includes ammunition and tannerite targets?" the guy looked at me and said " i don't know what tannerite is, but ammunition could be construed as an explosive." i just nodded my head and asked if they could come into a persons house and look around, to which the guy said no. i laughed my a$$ off all the way to my new house, where i have a reloading press and a few hundred pounds of ka-boom. they can't search your house. the most they can do is tell you what to do with the OUTSIDE of your house.

 

[dieselrealtor]

I am not an attorney nor do I play one on tv, I do believe that an hoa that writes such restrictions & tries to enforce something like this would be putting themselves as an organization & individuals at great risk. Remove the guns from an area, it becomes a target, someone gets hurt or killed during a home invasion. Could the HOA be considered liable because they removed the right for the homeowner to defend themselves & their family?

I believe so.

 

[Blue Tile Spook]

Could the HOA be considered liable because they removed the right for the homeowner to defend themselves & their family?

No one is supposed to be carrying a firearm or dangerous weapon in the area, so bad things can't happen. Just like college campuses or "gun free zone" malls. Nothing bad ever happens in those places. So, nope. They wouldn't be responsible.