can a community association forbid carry of fireamrs on community property?

[Statkowski]

At the next HOA meeting you can raise the issue. Of course, don't admit that you carry, or will carry, or have carried (remember, you're only a guest and not a full-fledged member). You might point out that close to one out of every twenty Pennsylvanians is now licensed to carry a firearm concealed.

[tl_3237]

FWIW

Monroe County had 6,808 LTCFers as of 2008 which represents 5.8% of the county population 21 and over.

[shooter357]

Originally Posted by twoguns

This was initially put into effect in 1974. I cannot believe no one else has ever argued this matter.....or perhaps it has been argued and never adopted.



Guess i need to sleep on this one.

It has been my experience that the type of people that move into these corals, I'm sorry, communities are the type of people that like to be told how to live. We call them sheeple. Now I know that not all who live there are not like that but the majority are. Best of luck to you.

[Exbiker]

Originally Posted by Paradigm

Who owns your property? You or the association? If you own your property, carry all you want. Heck, set up a chair in the front lawn and start cleaning your weapons tomorrow morning.

If the association owns your property (and you lease/rent from them) then you gotta follow what the landowner wants.

WRONG
When you buy in a private community you sign a legal contract to abide by the rules and regulations. The best way to change things is to run for the HOA board and follow procedure for changing the bylaws.
Break the bylaws and you can be fined, don`t pay the fines and you will find a lien against your property they won`t give you clear title to sell until satisfied.

[Exbiker]

Originally Posted by Nic

If you signed association by-laws that included guns being prohibited, then they can enforce the rule. If they just decided to put it into a newsletter, and it wasn't in the by-laws when you signed them, I would think you have a legitimate beef. IANAL...

If they followed the proper procedure for changing bylaws. (that is more complicated then just a HOA board vote) he would still have to follow the new bylaws even though they have been changed.

[Exbiker]

Originally Posted by twoguns

. I said I am living in this community. I have signed nothing. NO contract or agreement. I happen to be living with a relative who owns the house. So where does that leave me?

The home owner is responsible for your actions as his guest. The fines or penalties for anything that you do from speeding to violating the contract would be levied against him or his property.
HOA rules have been tested in courts and prevailed as long as they were properly put in place.

[ErSwnn]

Originally Posted by headcase

Wouldn't you, as a dues paying member, be part of the ownership? Wouldn't the remedy be to force you to leave the association? How can you be arrested for trespassing where you live, or was there some other assumed consequence of breaking their rule...?

The consequence of a violation is usually a written warning followed by a fine against the property of residence. If the fine is not paid permission to use common facilities(pools, playgrounds, sport areas, etc) is revoked till the fine is paid. The next step is to place a lien against the property...along with it's adjutant lawyers and court fees.

Twoguns, I live in a HOA development. My best advice to you is keep a low profile about this and carry as you please. IF you should ever need to use a firearm on common property their 25$ fine is the least of your problems. In the event you challenge the rule your going to become know as "the guy who carries a gun" whether you tell them you do or not. As someone pointed out, the residents tend to be sheeple and believe what the Board of Directors say is what is best for them. The Board is generally a bunch of power trippers who will make a stand against you that you cannot defend since it is probably in the by-laws of the association. Here, every time we get a new board they go apeshit citing people in a "we're gonna clean this place up" mentality. Recently one of my neighbors was cited for his trashcan out front. It is behind tall bushes and can be seen only from his porch. This means one of those morons had to actually be snooping on private property to see the alleged violation. This is what I mean by power trippers. If these people knew that I am carrying as I walk around the pond or sit by the pool I swear I'd have cops coming up to me to see what the issue is. So, I do as I know I am morally bound to do and say nothing.

[jengelh6471]

Hmmm, seeing this made me look at my bylaws. I found this.

SECTION 12 HUNTING, TRAPPING, and WEAPONS
1. No weapon may be fired or otherwise discharged for hunting, target practice, sport, recreation or the like, or for any other purpose anywhere in the Community. No hunting or discharge of weapons, including, but not limited to pellet guns, “BB” guns, rifles, shotguns, crossbows, pistols, and bows and arrows or any object capable of propelling an object which may cause physical injury to a person or wildlife or can result in property damage is permitted within the Community, nor shall any traps or similar devices be set within the community.
2. Trapping is prohibited.
3. Hunting on Association or Private Property is specifically prohibited.
4. Possession of any exposed firearm or weapon within the common areas of the community is strictly prohibited.

Sounds like in 4. that maybe it's ok to CC but not OC in areas like the clubhouse, pool, playground etc.. maybe?

Twoguns, does what you read look anything like this?

[twoguns]

No.
I could completely understand wording to the effect that bans hunting or recreational shooting on community property. The covenant of which I speak is a complete ban on possession on firearms on community property!

Quite ridiculous, in my opinion!

This is the type of rule that creates a victim disarmament zone. Would an individual bent on doing harm to innocent obey such a rule? Doubt it. That type of person would use it to their advantage.

Some in this community gain a false sense of security from this type of idiocy. Ignorance is bliss....until reality comes and thumps you on the head.

[CHEMICAL]

Originally Posted by twoguns

No.
I could completely understand wording to the effect that bans hunting or recreational shooting on community property. The covenant of which I speak is a complete ban on possession on firearms on community property!

Quite ridiculous, in my opinion!

This is the type of rule that creates a victim disarmament zone. Would an individual bent on doing harm to innocent obey such a rule? Doubt it. That type of person would use it to their advantage.

Some in this community gain a false sense of security from this type of idiocy. Ignorance is bliss....until reality comes and thumps you on the head.

my community has the same rules, however yearly dues are paid for the maintenance of the community therefore making it "our" property, the property of the homeowners. as far as im concerned they cant say squat...then again, i CC so it doesnt really come into play. if i ever have to use it and expose myself as having a gun, at least ill be alive!