HOA Bans Guns

[mrjarrell]

As crime soars in their neighbourhood one community has to deal with a firearms ban by their HOA. Yep. That's gonna stop the criminals. Of course once the light flips on and the roaches scatter the HOA decides it'll "fix" things.
From News Channel 5

ANTIOCH, Tenn.- Some people in a Nashville neighborhood are furious over a new rule that makes it illegal to own a gun.
Residents in Nashboro Village said it's unconstitutional and leaves them defenseless.
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property.
"It thought it was ironic that they say you can't have something when the United States government says you can," said resident Cristina Salajanu.
Salajanu would like to give her neighborhood management company a history lesson.
"I think it's unconstitutional," Salajanu said. "They can't tell you what to own or not to own in your own house."

Read the rest at the source. Of course Salajanu is wrong. A HOA can tell you what to own or not own. It doesn't make it right, but they can.

 

[shibumiseeker]

Read the rest at the source. Of course Salajanu is wrong. A HOA can tell you what to own or not own. It doesn't make it right, but they can.

Can it? I admit to being unfamiliar with laws in Tennessee regarding HOAs, but I'd like to see case law regarding this subject. My understanding is that HOAs pretty much can cover anything that can directly affect the public view of the property, noises, odors, construction, things like that, but that they have no authority regarding conduct or privately owned possessions of the occupants.

Regardless, I think anyone who knowingly buys into a HOA situation deserves what they get.

 

[E5RANGER375]

i dont think this will hold up in court. how will they prove if you have guns?? they cant search your house. i live in a community with a home owners association, and id like to see them try it.

 

[jbombelli]

I highly doubt a HOA can do that and have it hold up.

 

[Blue Tile Spook]

IANAL. I think it will hold up in court because the homeowner agreed to abide by the rules when s/he bought a house there, even if those rules are amended after the purchase of the home.

I wouldn't like it, but then again, I wouldn't buy a house in an HOA.

 

[Phil502]

LOL illegal, so are they going to put you in HOA jail? Who's going to prosecute you? At the end it says they are just going to make it illegal to discharge the firearm, nice try morons.

HOA's do not have unlimited power to make rules as they go and have them stick.

 

[Indy500]

I would like to see them enforce this law. Ain't gonna happen.

 

[Indy500]

BTW, I didn't mean I like this law, just that I can't see them being able to enforce it.

 

[Blue Tile Spook]

BTW, I didn't mean I like this law, just that I can't see them being able to enforce it.

It's not a law. It's a HomeOwner's Association (HOA) rule, not a law.

 

[Expat]

The homeowners freely entered into a contract with the association. The bylaws are not laws as such and therefore will not be enforced by police action. They (the association) will however file suit, calling witnesses to prove their case that you have weapons inside your domicile against the rules of the association. They can sue you to force compliance or to make you move. Contracts are enforced on a daily basis. The right to contract freely (and as stupidly as you want) is one of the precious freedoms we have in this country. The answer is to not do so without due consideration.

 

[E5RANGER375]

id give them the house back then. it would have a nice foundation left and maybe some smoking 2x4's still upright.

accidents happen everyday. dont cook with too much oil

 

[Bill of Rights]

...Salajanu is wrong. A HOA can tell you what to own or not own. It doesn't make it right, but they can.

My HOA might think they could tell me something like that. Let them try to enforce it. I retain property ownership, and they have no policing force. Last I checked LEOs do not enforce CC&Rs. Come to think of it... if they tried this, I think I would set up a nice, safe shooting area in my front yard... Maybe a low dirt berm next to a water feature, and I set up a target with a bullet trap and fire .22LR, suppressed, into it. Go ahead... TRY to tell me I'm being unsafe... or violating noise ordinances... or anything else.

Rectal orifices like that annoy me. I think I would simply have to return the favor- in full and complete compliance with the law.

Blessings,
Bill

 

[Phil502]

I sincerely doubt that the HOA has bylaws that have no limitations to them.
The bylaws are the following: "We can tell you to do anything we want." That does not sound right to me.

When they file suit, I think it would be tossed out, at least I hope so.

 

[femurphy77]

Be careful people, while living in an HOA (which is now my ex-wifes problem) thru much research I found that HOA's damn-near have more power than the feds. I found instances in my research where they claimed homes for various rules infractions and were quite legal in doing so. I'm not sure how ex post facto figures into this particular case because IANAL but there is some very shaky ground to stand on when dealing with these sum*****es! If you don't mind having somebody tell you when to mow your yard or what color to paint your house then good-on for you! Me personally, I'll look at the two old chevy trucks behind my neighbors barn.

 

[1032JBT]

In civil court the HOA's do have power, now I don't know how well that would all hold up cause I'm not a lawyer. I can tell you though there would be zero Police intervention (at least around here). I have been on plenty of complaints from HOA board members claiming this and that and I just tell them that all fine and dandy but HOA rules are not laws and therefore I'm not doin nothing about any of it.

 

[AFA1CY]

Here are my questions:
1. Was the "ban" in the original deed restrictions? These would have been "rules" a buyer would have agree to prior to purchasing a home.

2. If this is a "new" rule, how was it enacted by the association? Most association rules (deed restrictions) require a set amount of home owners approval before they can be changed.

 

[indyk]

Regardless, I think anyone who knowingly buys into a HOA situation deserves what they get.[/quote]

agreed

 

[Bruenor]

The homeowners freely entered into a contract with the association.

A contract that violates the Constitution is null and void. If there was a clause in a HOA contract that said you can't hold a bible study in your house, or gather in your house to discuss political matters, it would not stand up to a legal challenge.

 

[Tripp11]

Our stupid, no authority HOA can't even get lazy homeowners to take down (hell, I'll even be happy if they just turned them off!!) Xmas lights and glowing, mechanical reindeer and Santas.....so they for sure would not be successful in preventing firearms within their community.

 

[mettle]

The homeowners freely entered into a contract with the association. The bylaws are not laws as such and therefore will not be enforced by police action. They (the association) will however file suit, calling witnesses to prove their case that you have weapons inside your domicile against the rules of the association. They can sue you to force compliance or to make you move. Contracts are enforced on a daily basis. The right to contract freely (and as stupidly as you want) is one of the precious freedoms we have in this country. The answer is to not do so without due consideration.

An interesting retort to this 'addendum' to their HOA laws would be: 'I didn't sign a contract that had this law, this new addition to the contract is not in my interest so I'm not bound by it'...