OC vs HOA

[Lucas156]

cookout!!!

 

[Marc]

I am all for the OC coookout. Seriously, I am in the dumps over this. The whole situation just makes me regret moving to this neighborhood. The HOA board seems to have authority too to change conventants without a majority HOA vote, meaning, home owners dont' necessarily get to vote on every rule change. And from what I read, an HOA is considered a private association, meaning, they could pass all kinds of crazy rules that would be normally considered illegal/discremantory, etc but since we are part of a "private club" if you will, its they way or the...

I'm not causing anyone trouble, I'm not flaunting my firearm (glock 19). And if you seen men, I'm in business casual/yuppie attire most of the time in public. I just really feel like I'm being singled out because of my stance on the big 2.

I'm on the SE of Indy we are going to do the cookout.

nice name drop on the gun... i was kidding about the cookout but if you are serious i am all go for it. you should start a thread in the Ingoevents section (depending on when you want to have it) and get a head count going "OC vs HOA cookout"

 

[Arm America]

Looks like there are three obvious choices,
Give nothing, continue to OC and draw fire,
Give a little, continue to carry concealed,
Give a lot, sell during a deflated market.

I am the President of our neighborhood association,
I carry concealed and no one suspects anything,
I have dirt bikes & quads, but I don't fire them up here,
The pros & cons of OC vs. CC are all through this board,
It should come as no surprise, most people don't like to see guns.

 

[VUPDblue]

I don't normally OC, but not because I'm afraid of any bad press. I choose to CC because I just like it that way. I also don't tend to expose my firearms to any of my neighbors, hell the little ol' lady down the street invited me to come to her house in the event of an emergency because she's got a shotgun! hehe. Only one neighbor even knows I own any firearms, and he's with DHS so I'm not worried.

 

[GhostofWinter]

They can pass rules for property they do NOT own? I kinda doubt that. I would LOVE to hear them explain how they have the right to dictate what goes on at a PRIVATE residence as well as on a public street. If you are obeying the law I don't see how they have anything to say.

Greg

BTW when is the cookout? us big boys ALWAYS love food!

 

[oldfb]

I unfortunately, live in a neighborhood with a very clique-ish HOA Board and neighbors and it seems I'm in the minority on some viewpoints. I'm willing to give ground on issues and covenant changes the community wants to pass, etc. but I've been informed by a member of the HOA board that I am "causing concern in the neighborhood with my firearm".

See, I OC. I OC to work, I OC to client sites (not all), I OC to dinner, I OC walking my dogs, I OC. I choose to OC for various reasons. I OC period.

This HOA board member happens to be a LEO, and even though he prefaced what he wrote to me that he is a staunch supporter of 2nd Amendment rights, I don't believe him. How can I believe someone who says "you know, I'm a huge supporter of #2, but you should leave your gun in the house locked up because the sight of it scares the neighbors". How would some of you react to this? They're already making hints that since I choose to carry, that I can't be involved in the Crime Watch Committee. It makes my stomach sick that I'm being alienated in my own neighborhood by people I pay dues to no less. I feel like I’m going to be discriminated against because I choose to carry and practice my 2nd Amendment right.

What would you do or say?

You tell him that I told you to tell him that I said "Bite me!"
Then call his chief and tell him he is abusing his authority and you feel unsafe now in your own community. If that doesn't work there always is the IED approach. J/K.
Stand up for your rights and fight through the process. Even run for office on your board. This is crazy the way people worry about others ppls business because it "scares them"!
I will ad u to the prayer list.

 

[VN Vet]

Unfortunally your community is not immune to crime. In time even the best of neighborhoods will be a victim.

I am moving to Avalon Hills here in Indy and it has had many recent breakins. Even the local Skiles Test Middle School was vandelized recently. So wait until your neighbors feel the sting of crime and then they may reconsider their viewpoints.

It is not a matter of if it will happen, it is a measure of when it will happen and how bad it will be.

Stay vigilent my friend and be a protector of your neighborhood.

 

[melensdad]

You NEED to check your 'bylaws' and your 'covenants' because I seriously doubt the board can change ANY covenant without the approval of a super majority of the lot owners. I know of no HOA board that has that authority. The board can probably change some 'bylaws' but those have far less authority than covenants.Your best defense is to KNOW THE RULES VERY WELL and then USE THEM TO YOUR ADVANTAGE. Dig out your copy of the covenants. Read them. Then read them again. And again until you are the expert.

 

[Marc]

Stay vigilent my friend and be a protector of your neighborhood.

sometimes the sheep see their shepherd as the wolf, but only then, when the wolf strikes, the sheep will tend to see who the shepherd really is. for when an incident shall happen you shall stand aside and wait to be asked for assistance, but until then you let the sheep get picked off one by one.

 

[aikidoka]

Hmm, I might be buying a duplex soon. As already noted I can see how HOA can be useful, but yeah, they can be tyrants as well. My fiance hates the idea period! Maybe I'll be lucky as the duplex we are looking at is right next to a shooting range and the couple already living in one unit knew of no restrictions, HOA, or review boards being established and seemed quite at ease about the shooting range.

 

[aikidoka]

oh, and good luck with your situation. Hopefully they will come around to the common sense side of the matter.

 

[Marc]

Hmm, I might be buying a duplex soon. As already noted I can see how HOA can be useful, but yeah, they can be tyrants as well. My fiance hates the idea period! Maybe I'll be lucky as the duplex we are looking at is right next to a shooting range and the couple already living in one unit knew of no restrictions, HOA, or review boards being established and seemed quite at ease about the shooting range.

how far would the nearest target be and would it be in a clear field of view??? if so you could really confuse someone, they shoot 10 times but see 15 holes

 

[ocsdor]

My Advice:

Become a board member of the HOA!

 

[redneckmedic]

Tell me when your next HOA meeting is, I will wear a suit and present myself legal like, use a bunch of big words and talk about constitutional infringement, then we will both OC out of there and have a beer. (if that doesn't woirk, you can always tell em to kiss your ass)

 

[Indy_Guy_77]

My Advice:

Become a board member of the HOA!

Yep!

Canvass the neighborhood come election time, get yourself elected.

-J-

 

[MeltonLaw]

The concept of the HOA being a private club is true to a degree. They can mandate that properties are maintained in a similar order. The HOA could also pass a covenant restricting guns and be perfectly within their rights to do so, this is so because they are not state actors and thus neither the U.S. nor the Indiana state Constitutions apply to them. Any Constitutional issue comes in when they involve a state actor to enforce the covenant, say a judge. A similar issue came about during the civil rights movement when HOA's were making racial covenants. They were allowed to make them but when they sought enforcement the Constitution would kick in, either through the 5th or 14th amendment, and the covenants would be void for illegality. All in all it would be a hassle if they went that route.

 

[Roadie]

They can pass rules for property they do NOT own? I kinda doubt that. I would LOVE to hear them explain how they have the right to dictate what goes on at a PRIVATE residence as well as on a public street. If you are obeying the law I don't see how they have anything to say.

Greg

BTW when is the cookout? us big boys ALWAYS love food!

Yes they can, and yes, they do. In fact, if you continue to violate a by-law, and do no pay the fines, the HOA can, and will, put a lien on your home.

In fact, there was a case in 2006 in Colorado where an HOA banned smoking, IN the homeowner's own homes, AND a court upheld it!

Crazy stuff

 

[Prometheus]

The concept of the HOA being a private club is true to a degree. They can mandate that properties are maintained in a similar order. The HOA could also pass a covenant restricting guns and be perfectly within their rights to do so, this is so because they are not state actors and thus neither the U.S. nor the Indiana state Constitutions apply to them. Any Constitutional issue comes in when they involve a state actor to enforce the covenant, say a judge. A similar issue came about during the civil rights movement when HOA's were making racial covenants. They were allowed to make them but when they sought enforcement the Constitution would kick in, either through the 5th or 14th amendment, and the covenants would be void for illegality. All in all it would be a hassle if they went that route.

I'd have to reread Indiana's preemption laws, but from what I recall they limit towns, townships, cities, counties and what could be construed to mean HOA's as well. The preemption was VERY well written in eliminating loopholes. That law has nothign to do with the US or Indiana's Constitution.

 

[Beau]

I live in an HOA on the southeast side as well. Luckily I have ran into no such problems. I havn't even had any problems from other parents when I take the kids to the playground. Everyone of them so far has been nice and talked with me.

 

[Jack Ryan]

How would some of you react to this? They're already making hints that since I choose to carry, that I can't be involved in the Crime Watch Committee. It makes my stomach sick that I'm being alienated in my own neighborhood by people I pay dues to no less. I feel like I’m going to be discriminated against because I choose to carry and practice my 2nd Amendment right.

What would you do or say?

I would say, "...and that's a problem how? for who? while you yahoos stand "crime watch". I'll watch my own stuff and I'll be able to do something about it while you crime watch your stuff running down the street."