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Old October 6th, 2008
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Default Re: Community Bylaws State No Carrying of Weapons?

There may be caselaw on this, Does a landlord have the ability to prohibit a tennant from legally carrying on their property? If a landlord doesn't have this power I cannot see how a HOA does.
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  #22 (permalink)  
Old October 6th, 2008
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Default Re: Community Bylaws State No Carrying of Weapons?

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Originally Posted by edstephan View Post
Because when you buy in one of these HOA's if you look at your deed you don't own the land. The Corp. still owns the land and you are buying rights to use the land.
Ed
That is absolutely not true of most private communities in the Pocono`s although it may at times feel that way. There are laws that regulate how HOA`s operate and it really depends on how the original by-laws were set up. In most cases the HOA cannot just change by-laws without a vote of all members (homeowners) in good standing. Just like anything that has to do with buying a house you must do your homework. Some private communities are great and others just keep the criminals fenced in.
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Old October 6th, 2008
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Default Re: Community Bylaws State No Carrying of Weapons?

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Does a landlord have the ability to prohibit a tennant from legally carrying on their property? If a landlord doesn't have this power I cannot see how a HOA does.
well, this is a problem that some people have with both the Lackawanna County Housing Authority, and the Scranton Housing Authority. despite their names, both are privately owned. both organizations have 'no guns' clauses in their leases, or had them. SHA recently amended theirs, due to the threat of litigation by certain residents, to now requiring they be "registered" with the SHA, and kept in the home, DC-style. LCHA, from what i understand, forbids anyone, residents or visitors, from carrying a handgun on the property. visitors will be asked to leave, and residents evicted. i have a friend who lives in LCH in Throop, and he's constantly worried about getting caught CCing to and from his car.

as far as i know, a landlord can evict anyone for any reason, at anytime, much like any business can eject a customer, or fire an employee. it might not be fair, but that's life.
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Old October 6th, 2008
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Default Re: Community Bylaws State No Carrying of Weapons?

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Originally Posted by The Drew View Post
There may be caselaw on this, Does a landlord have the ability to prohibit a tennant from legally carrying on their property? If a landlord doesn't have this power I cannot see how a HOA does.
Landlord-Tenant relationships are governed by laws that are much different than HOA (which are usually established via contract or deed covenant from what I know.)
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Old October 6th, 2008
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Default Re: Community Bylaws State No Carrying of Weapons?

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Originally Posted by jahwarrior72 View Post

as far as i know, a landlord can evict anyone for any reason, at anytime, much like any business can eject a customer, or fire an employee. it might not be fair, but that's life.

No. No. No. No. This is absolutely not true. If you are renting, residence or commercial space, from a landlord you generally must breach your lease (like not paying your rent) in order to be evicted.

If you are simply a guest in someone's house though, you can be asked to leave at any time.
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Old October 6th, 2008
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Default Re: Community Bylaws State No Carrying of Weapons?

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Originally Posted by Dredly View Post
Just curious... which community is it?
Its either Stony Run or Stony Ridge or something like that, it up at the end of my road
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