HOAs and guns

[WLJ]

Came across this article on Bearing arms and yikes.

Can HOAs ban guns even in your home?
https://bearingarms.com/tomknighton/2023/10/05/can-hoas-ban-guns-n75699

The source article

Ask a real estate pro: Can HOA ban guns, even in people’s homes?
https://www.sun-sentinel.com/2023/10/05/ask-a-real-estate-pro-can-hoa-ban-guns-even-in-peoples-homes/

Q: Our homeowners’ association is considering banning guns everywhere in the community, including in the residents’ homes. Many of the residents are upset about this, while others are in favor of it. Is the association even able to enact this rule? — Margie

A: This is the type of question that attorneys will disagree about. In my opinion, enacting this rule would overstep the board’s authority and not be enforceable.

.

Whoever wrote the article then goes on about how the right to carry may not extend outside your home according to the SC. Yeah...

Without getting into the politics of firearm ownership, the law is well-settled that people can keep firearms in their homes

The Supreme Court sees the right to keep a gun in your home for self-defense as a fundamental right. Your association cannot put other restrictions, such as requiring guns to be kept unloaded, since “[t]his makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional,” as stated by Justice Scalia in the landmark Heller case on the issue. If someone can legally own a firearm, the association cannot restrict them from keeping the gun in their home.

Considering how some HOA seem to be basically CCCP committees I wouldn't be surprise if some try some outright bans within the HOA

[cordex]

For the dozen or so years I lived in an HOA there were literally never enough homeowners that showed up to a meeting to make any rule changes - and the ones that did show up disagreed with each other about everything anyway.

[Kingcreek]

I am the only member of my HOA and I like it that way.

[Ben]

My old HOA in Santa Barbara was kinda strict (and expensive!), but most of the rules made sense. Though given the politics of the area, had they known just how many guns one particular homeowner managed to pack into his condo, they might have tried for a gun ban. 

The only thing that really bugged me about them was that one guy who was president for around ten years had a buddy in the paving business. During his tenure, the ginormous parking lot there managed to get repaved every two years "to save us money in the long run".

All in all though, like Kingcreek, I like being my HOA of one.

[Hawkmoon]

This is why I never want to live under the thumb of an HOA.

[HankB]

I remember reading about a case where an HOA was having conniptions because someone had an extra bedroom in their home set up as a business office. Now, there were no customers coming by and no business deliveries OR products being shipped out of the home, the on site business activity was 100% electronic. But they still didn't want it going on.

How the HOA even found out about it - and whether or not they could even detect whether or not the "business activity" continued - wasn't addressed in the article. (This was "pre covid" so the numbers of people working from home were lower.)

More recently, an HOA wanted to prevent a homeowner from having a charger installed for his new electric car. As things turned out, it was in California, where they have a law on the books explicitly prohibiting this sort of dumbassery. The advice given - hand the HOA a copy of the law and then go ahead and call your electrician.

I made sure when I bought my current home there was no HOA involved - city ordinances are plenty already, and so far haven't been a problem.

[K Frame]

As vice president for my HOA, I LOVE making my neighbors lives miserable with pointless, arcane rules and silly strictures, just as I love running around with paint chips and fining members for their paint being more than 1 shade faded.

Life's good when you're the king!

Well, vice king. 

I've spent nearly 20 of my 30 years in this community on the board of directors, doing everything I can to keep it as low impact as possible. I like to think I've been pretty successful.

But, I'll admit, I've bent the rules to favor me at times...

When I redid my windows last month, I had my contractor remove the hideous fake shutters from the windows on the front of my house. God I hated those things with a passion.

About 10 years ago I petitioned the board to allow me to remove them, and was refused. My house is the only house in my row of three with them. The board at that time refused. So I bided my time until I was back on the board. The president of the HOA agrees with me that they are hideous, and the other board members didn't care if I removed them or not, so they are gone. And I'm a much happier camper.

[dogmush]

My HOA is me and my wife and we still can't agree on anything.  She tried to bring a dog in for a tiebreaker vote on the new paint color this week, but I bribed him with the huge ice cube from my Old Fashioned.

Can't escape the politics.

[Kingcreek]

Well yeah there is the wife, but…
I can still sit on the porch in my underwear, shoot golf balls in the yard with a .22 pistol, pee in the driveway, you know, all the important stuff.

[WLJ]

Well yeah there is the wife, but…
I can still sit on the porch in my underwear, shoot golf balls in the yard with a .22 pistol, pee in the driveway, you know, all the important stuff.

In the city you get your choice of driveways. 

[MillCreek]

I can at least pee off the patio in the backyard without the neighbors seeing.  Off the front porch, not so much.

[BobR]

As the lord and master (President) of our HOA Board of Directors I am torn on this. On one hand it is BS that they would even consider a rule such as this but then there is the possibility upon passing they will be securely stored by the HOA BOD along with 500-1000 rounds of ammo per gun. As the responsible person I am I would  make sure that the guns in my safe keeping would be exercised on a set schedule so that they would not lock up from non-use. After shooting them their owners could visit them and clean them to their specifications. I am here for the little people of the community. :)

Of course getting 585 homeowners to agree to anything is impossible, and in NV we need 67% of them to change anything CC&R related. It took us nearly 5 years and lots of foot work to get just barely over 50% of the homeowners to vote to allow sheds in the backyards. We had to take out 50% plus one and go to court to change the CC&Rs. Our meetings see a turnout of 20 or so homeowners out of 585 homes, but do something they don't like and the wailing can be heard miles away! :)

bob


bob

[Northwoods]

If our hoa tried to ban guns from homes I’m pretty sure anyone voting in favor would end up getting shot.

They did ban target shooting but I’m ok with that because it would be too hard to do that safely on nominal 5ac lots. 

All my hoa does, really, is maintain storm water retention ponds.

[MechAg94]

I wouldn't think a gun ban would pass any sort of challenge.  I would be more concerned if they tried to limit how much ammo you had or tell you how it should be stored. 

[cordex]

I wouldn't think a gun ban would pass any sort of challenge.  I would be more concerned if they tried to limit how much ammo you had or tell you how it should be stored.

Enforcement would be interesting on such a rule.

[grampster]

HOA=

I could not live in a neighborhood run by a HOA or a Condo for the same reason.  I had 44 years of LE and Insurance careers dealing with all sorts of people all day every day.  Human beings are best avoided for maintaining peace of mind.

[BobR]

HOA=

I could not live in a neighborhood run by a HOA or a Condo for the same reason.  I had 44 years of LE and Insurance careers dealing with all sorts of people all day every day.  Human beings are best avoided for maintaining peace of mind.

In most places HOAs really aren't necessary but in the case of where I live as a PUD with nearly 600 homes if it weren't for the HOA this place would look like methville in a matter of months. We mainly want people to pull their weeds and that is a challenge at times. Usually the first fine after 3-4 moths of courtesy notices gets their attention. I try to keep the HOA as hands off with people as possible but sometimes it isn't that easy. We are here for the common elements and making sure bills are paid and contracts are met by the vendors such as landscapers, pest control, etc.

bob

[HankB]

As vice president for my HOA, I LOVE making my neighbors lives miserable with pointless, arcane rules and silly strictures, just as I love running around with paint chips and fining members for their paint being more than 1 shade faded . . .

Hey Mike - I think there's someone at your door . . . probably your neighbors . . .

[K Frame]

Let them come... I've got all the guns.

[Unisaw]

At least in Virginia, I really doubt it would be enforceable.  The courts seem to be very reluctant to get involved in HOA matters.  Without an enforcement mechanism, I wouldn't worry about it.  Any HOA that tries to institute such a ban can pound sand as far as I'm concerned.

[K Frame]

But I'm in Virginia...

[lee n. field]

Finally, it can be argued that by restricting residents’ ability to defend themselves, the association is taking that responsibility onto itself. This can lead to problems if a resident becomes a victim of a crime if the community does not take adequate steps to provide security.

Why a GFZ sign is a bigger deal than the folks that put them up have probably considered.