HOA Bans Guns

[Chris08110]

Most HOA's have a set of by laws that you sign when you buy a property in the neighborhood. You are signing saying that you agree to abide by the stupid rules already in the bylaws and you agree to be held accountable. If you don't like it, don't sign and don't buy is usually the policy. Also, most can add stupid rules after the original stupid rules are drawn up. They simply have to have a majority vote and a quorum which is usually specified in the by laws as a certain percentage of homeowners in attendance at the monthly HOA meetings, say 60-70%. Most of the knuckleheads in attendance are the nit picky old ladies that have nothing better to do than report nit picky infractions because they like to meddle. I understand the idea of holding homeowners accountable for keeping up their property so that the values don't decline due to junk cars, eyesores, lack of maintenance, etc. but some of the rules just seem stupid. To me, this seems stupid and plain irresponsible. Most of the nice neighborhoods in this area are targeted by thieves due to their one stop shopping convenience. They usually load up a van with 4 or 5 other idiot criminals and just go down the street on both sides breaking into vehicles. Now, if they know the neighborhood bans firearms, this makes it even better for the bad guys.....easy pickins and even lower risk!!! Good luck to those folks. I guess they made their bed, hope they like their gun free zone. Just hope this doesn't become a trend.

 

[Jack Ryan]

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.

How are they going to enforce it?

Seems to me they would have to violate it to enforce it.

 

[mrjarrell]

How are they going to enforce it?

Seems to me they would have to violate it to enforce it.

They'd enforce it the same way HOA's enforce everything. They'd put a lien on your home till you complied. If you failed to comply they would foreclose on your home and have the sheriff come and seize it from you. That's how they roll and there's nothing you can do about it in most locales.

 

[Caleb]

They'd enforce it the same way HOA's enforce everything. They'd put a lien on your home till you complied. If you failed to comply they would foreclose on your home and have the sheriff come and seize it from you. That's how they roll and there's nothing you can do about it in most locales.

Cold blooded right there

 

[Dog1]

Gee..the biggest concern my HoA has, is how much booze to bring to parties.

I guess it helps that most of the board members are hunters and gun owners.

 

[Michiana]

Don't think that is correct

They'd enforce it the same way HOA's enforce everything. They'd put a lien on your home till you complied. If you failed to comply they would foreclose on your home and have the sheriff come and seize it from you. That's how they roll and there's nothing you can do about it in most locales.

I don't believe in the State of Indiana a HOA can put a lien on property of homeowners for anything but failure to pay the HOA Dues and that is after suing them in court to get a judgement on them. If you violate rules that are in the bi-laws the HOA can sue you to comply and if they win they can get a judgement against the homeowner but can't take their house or keep the homeowner from selling due to a lien put on the deed. In states like Florida that is another story, they can get a lien on your house for failure to power wash your roof if requested to do so my the HOA.

 

[Roadie]

Gee..the biggest concern my HoA has, is how much booze to bring to parties.

I guess it helps that most of the board members are hunters and gun owners.

Man, I am moving ti Clark County!

 

[Jack Ryan]

They'd enforce it the same way HOA's enforce everything. They'd put a lien on your home till you complied. If you failed to comply they would foreclose on your home and have the sheriff come and seize it from you. That's how they roll and there's nothing you can do about it in most locales.

They gonna come in an inspect every house inside and out?

 

[Caleb]

I will not sign one of those contract...I already told my wife whenever we get around to buying a house, nothing in flood zones and nothing with HOA's

 

[mrjarrell]

They gonna come in an inspect every house inside and out?

If it's part of their contract, they will. If not they'll just wait around till you take your rifle out to go deer hunting or you're spotted carrying or something, and Mrs. Murgatroyd narcs you out. Maybe the local paper will publish a list of permit holders. Or maybe you've got an NRA sticker on your Prius. Lots of ways to figure these things out. They've got all the time in the world.

 

[GeneralCarver]

Yeah, I guess that's a different situation over there than just buying and owning a home. Anyone that cares about owning a firearm ought to leave that village.

Then again.. if most those people didn't even consider firearm ownership before moving into those houses, I believe they are part of the problem in this country. As crime gets worse, as our governments get more tyrannical, oh all the sudden people start getting more interested in firearms. But its going to be too late before enough people "wake up" and get involved. Each of us here should make sure we never live in an area of situation which attacks our 2nd Amendment rights.

 

[grimor]

I didn't read all the posts (cause I'm at work) but it is still not ILLEGAL to on a gun there. It is a contractual issue. You can be found in breech or violation of your contract and held to whatever the penalties are according to that contract. But no one is going to arrest you for owning the gun there. My question is, why do people with HOA not go to the damn meetings? if you put yourself in this kind of neighborhood, that the 30min a month and show so you're not surprised by this crap. Usually this stuff passes because there are only 5 or 6 people at the meetings and they just sit around making **** up to deal with stuff that pisses THEM off.

 

[GeneralCarver]

Very good point grimor. Sounds like a reasonable conclusion. Those members should have been more active.

Overall, I still think it is a violation of people's rights. That's a neighborhood where people live. Self defense and bearing arms for it were regarded as natural rights by our founders and also many people today. I don't think a community should be allowed to financially penalize people for things like this. If you set up a club somewhere and don't want armed people showing up.. that's one thing. But people's homes? No way. That's their residence.

 

[dross]

Very good point grimor. Sounds like a reasonable conclusion. Those members should have been more active.

Overall, I still think it is a violation of people's rights. That's a neighborhood where people live. Self defense and bearing arms for it were regarded as natural rights by our founders and also many people today. I don't think a community should be allowed to financially penalize people for things like this. If you set up a club somewhere and don't want armed people showing up.. that's one thing. But people's homes? No way. That's their residence.

Just don't buy a home there.

 

[SemperFiUSMC]

Very good point grimor. Sounds like a reasonable conclusion. Those members should have been more active.

Overall, I still think it is a violation of people's rights. That's a neighborhood where people live. Self defense and bearing arms for it were regarded as natural rights by our founders and also many people today. I don't think a community should be allowed to financially penalize people for things like this. If you set up a club somewhere and don't want armed people showing up.. that's one thing. But people's homes? No way. That's their residence.

Your rights can't be violated if you willingly relinquish them. Sad but true fact.

A subdivision has an HOA.
You buy a home within the subdivision.
You are contractually bound by the terms and conditions of the HOA.
If those terms and conditions allow for future modifications to the restrictive covenants, you are contractually bound to to the new restrictive covenants.
If you don't like it you can sell your home and move.

 

[Caleb]

What if you bought a home where no HOA is present, but a few years later it turns to an HOA division. Common sense tells me you aren't required to follow HOA because you were simply there first and refuse to sign your life away.

 

[grimor]

What if you bought a home where no HOA is present, but a few years later it turns to an HOA division. Common sense tells me you aren't required to follow HOA because you were simply there first and refuse to sign your life away.

This almost never happens because it's hard to get everyone to sign. Those that don't sign aren't subject to the contract. Part of every HOA agreement is that you can only sell your home to someone else who agrees to sign the HOA agreement. I don't know what happens if a bank forecloses, they aren't subject to the same contract for sales. My guess is the HOA leans on the buyer until they sign or move (like Union shops)

 

[Caleb]

How cool would it be if you lived in a neighborhood before any HOA shows up and they all signed up while you refuse...you just make your place all trashy just to **** them off

 

[rjstew317]

wouldn't your guns be grandfathered in if you had them before the HOA vote?

 

[grimor]

wouldn't your guns be grandfathered in if you had them before the HOA vote?

Only if that was part of the agreement, probably not.

Every HOA agreement includes provisions that changes can be made any time by the board (by vote) some may require all members be allowed to vote but I haven't came across those. The board members are "elected" by the members of the HOA for whatever length of time the HOA agreement/bylaws state.