HOA Bans Guns

[dieselrealtor]

You're right, everyone there should be armed with a scalding verbal assult.
Guns do bad things, I have to keep locking mine up & grounding them as they become unruly.

 

[Leadeye]

Was sighting in my deer rifle off the back porch yesterday,not something I could do where I lived before. Retirement in the woods is great. Beats the same thing in a subdivision.

 

[machete]

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.

People have a basic right to own guns... They couldnt throw out a gun owner any more than they could a Methodist or a book owner,,,

Tennessee's not a good place to try this sort of anti-gun nonsense anyway,,,

Those HOAs are just a way for some busybodies to dip into your wallet and lifestyle as long as you live there. +1 to shibumi on that!!!

 

[machete]

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.

Nah, that's not it. There are limits to what can be contracted for...

For example they couldn't make all the pretty girls have to um, "service" the men in the community even if they "contracted" for it. Check out those cases on enforcing gambling debts in courts and other things that violate the public policy of a state,,,

Only certain things can be put into contracts - not what type of underwear you wear,,,,

This is going down!!!

 

[beararms1776]

The HOA will never know you have one. If you happen to need it in a case of home defense, so what. They care more about that particular stupid irresponsible rule than they do for you or your familys life inside your own home. Get one anyway.

 

[DownByTheTracks]

Wouldn't changing the required color of your shutters be more effective?

 

[Security122]

This is another case of the misguided believing they can ban guns and everyone will obey the rules. Of course we know better. The shame of this whole issue is the Antioch area used to be a nice middle class neighborhood where one could find an affordable home. Then about 10 years ago Asian and Latino, and I'm sure white trash, gangs started popping up everywhere and now the area is not safe for anyone. *SIGH*

 

[beararms1776]

This is another case of the misguided believing they can ban guns and everyone will obey the rules. Of course we know better. The shame of this whole issue is the Antioch area used to be a nice middle class neighborhood where one could find an affordable home. Then about 10 years ago Asian and Latino, and I'm sure white trash, gangs started popping up everywhere and now the area is not safe for anyone. *SIGH*

They need to worry about taking guns from them rather than the home owner. Where do these people that make the rules come from. Obviously not from America.

 

[Sgt Rock]

Isn't that a bit like Morton Grove, IL saying you can't own a firearm when the constitution clearly says you can. When SCOTUS shot down DC, Morton Grove rescinded that law ricky-ticky. Good luck making that one stick.

 

[revance]

This might have already been mentioned already... I admit I didn't read every post.

HOAs cannot put anything they want in the bylaws. Many things have already been ruled by SCOTUS to be off limits for residential contracts such as HOA bylaws.

Examples:

Satellite dishes - an HOA cannot prohibit you from having a satellite dish because it infringes on 1st Amendment rights. They can put reasonable restrictions on the size and location, but nothing that would make it impossible to have one.

Political yard signs - They cannot prohibit you from displaying political yard signs as it is also an infringement on your 1st Amendment rights. They can only put reasonable limits on how long they can remain up after the election.

 

[DRob]

HOAs

HOAs can be the bane or best friend of a homeowner. They may keep that slug living next door to you from letting his property "return to nature" along with the old vehicles on blocks. The may keep him from parking that semi tractor-trailer rig on the street for 3 days at a time. Some go pretty far. Ours doesn't allow boats or RVs unless they are out of sight, which in our case would mean in the garage. They also don't allow fences taller than 48". Outdoor structures such as yard barns or decks must meet certain standards and be approved by the Board before they are built. Some of this makes no sense to me but I think the original intent was to help protect the value of the homes in the area. Of course, a little bit of power can be a bad thing. We have an "involved" couple who regularly patrol the neighborhood taking notes. They are commonly referred to on our court as "the neighborhood nazis". A man in our neighborhood, who was not on the Board attempted to withdraw all the Association money from the bank a while back. We're talking pretty serious money here because we have a pool to maintain and operate. He was arrested but charges were dropped and then he was elected to the Board! I have a friend in Hamilton County who swears his HOA Board of Directors changed the bylaws making their positons permanent than created a pension plan for themselves with the homeowners' dues.

We've had several bylaws which were changed because the Board lost a court case. They are more reluctant to take on a serious challenge than the used to be. I doubt they have the moxie to take on gun owners. There are a half dozen cops living in the neighborhood.

I'm not "involved" but I pay attention because I give them a fair chunk of change every year and I think they bear watching.

 

[Hoosier8]

Wasn't there a recent case where an apartment banned guns but was overruled by law?

 

[ddenny5]

I would not buy a house where there is a HOA. This is one of my questions I ask a realitor. If they say yes then I tell them I am not interested.

 

[ocsdor]

Examples:

Satellite dishes - an HOA cannot prohibit you from having a satellite dish because it infringes on 1st Amendment rights. They can put reasonable restrictions on the size and location, but nothing that would make it impossible to have one.

I don't know whether or not SCOTUS ruled on this, but I do know HOAs cannot prevent one from having a satellite dish/OTA antenna based on the 1996 Telecommunications Act.

 

[nate1865]

I'm sure they will try to ban various forms of free speech next too.

Then, the HOA will officially sponsor a church and make it the only one you are allowed to attend.

And - they will tell you with whom you may peaceably assemble in your own home.

 

[Brandon]

my dads hao doesnt allow yard signs other then the for sale signs, or garage sale signs the day before and day of the sale.

somewhere in the book i remember reading you have to get the committee approval for a flag pole. (where its going to be, how high it is or isnt, what kind it is)

when my mother and i bought our house i asked that as the first question. "Is there an hao" his responce "Nope!" said excellent! nothing like being able to change the color of your paint and roof if you do not like the color 20 years later or if you like the house in general other then that kind of stuff.

but i still dont like them. id rather be able (like i do now) to look out my windows, see an old clunker beat up truck sitting in the yard next to mine knowing i can do the same if i want and nobody is going to say anything.

 

[Caleb]

Whenever I get around to buying a house, there's two things I will not buy into....houses in flood zones and houses in HOA

 

[Brandon]

Whenever I get around to buying a house, there's two things I will not buy into....houses in flood zones and houses in HOA

should make note not to buy in marion county and other places that do not let you practice shooting on your own property

 

[emst52]

This souldnt even be an issue but some anti gun nazi in the hoa is aint gun and is trying to push their beliefs on everyone else hoa suck

 

[T-rav]

The HOA could just buy signs like this and post all over!