Question of HOA vs Home owner

**Fraggle09027** · May 22nd, 2011, 11:24 PM

This is a question stemming from the wife's encounter. Where my parents live is an independent living community. In this community, my parents own the dwelling; but, not the land. As for the incident, if I was standing outside their house on the community property, and security came due to OC, can I be asked to leave? If so, could I just head into their home? Or, because they own the house there is security even allowed to eject me from the property? Thanks for any advice.

**tl_3237** · May 22nd, 2011, 11:45 PM

Originally Posted by Fraggle09027

This is a question stemming from the wife's encounter. Where my parents live is an independent living community. In this community, my parents own the dwelling; but, not the land. As for the incident, if I was standing outside their house on the community property, and security came due to OC, can I be asked to leave? If so, could I just head into their home? Or, because they own the house there is security even allowed to eject me from the property? Thanks for any advice.

If you're violating an established HOA regulation then :

HOA's common ground - you can be asked to leave;

Property allotted to the house would depend on the land lease terms and any authority conveyed to the HOA by the lessor;

In the house - the HOA would have no authority on you. If firearms were prohibited by contract then the homeowner would be possibly liable to HOA sanctions (fines) but the HOA could not tell you to leave.

Without a violation of an HOA regulation or the land-owner's established policy, the HOA security cannot ask you to leave - IMO.

**Fraggle09027** · May 22nd, 2011, 11:55 PM

Originally Posted by tl_3237

If you're violating an established HOA regulation then :

HOA's common ground - you can be asked to leave;

Property allotted to the house would depend on the land lease terms and any authority conveyed to the HOA by the lessor;

In the house - the HOA would have no authority on you. If firearms were prohibited by contract then the homeowner would be possibly liable to HOA sanctions (fines) but the HOA could not tell you to leave.

Without a violation of an HOA regulation or the land-owner's established policy, the HOA security cannot ask you to leave - IMO.

Thanks for the input. I'll ask for a copy of their contract.

**Greywolf** · May 23rd, 2011, 02:25 AM

Ask for a copy of their deed. If they own, there must be a deed. If they own a free-standing house, there's usually a narrow strip around each house that's either "limited common" property (owned by the community but under the control of the homeowner) or private property.

**Fraggle09027** · May 23rd, 2011, 08:25 AM

Originally Posted by Greywolf

Ask for a copy of their deed. If they own, there must be a deed. If they own a free-standing house, there's usually a narrow strip around each house that's either "limited common" property (owned by the community but under the control of the homeowner) or private property.

The homes are all attached in a U shape. They all have a back yard, and the yards are all community property. The front of the house just has a sidewalk, carport, and parking lot.

**Exbiker** · May 23rd, 2011, 09:30 AM

You are screwed. Even if they own the land they entered into a contract with the HOA. If firearms were not in the contract when they signed and added later there would have been a vote by all members in good standing.
In most cases HOA boards cannot just arbitrarily change the rules.
The only place you possibly could carry would be on the roads BUT only if they were turned over to the local municipality and not privately owned.