The joys of communal living

[MrUgly]

I did a search and was not able to find this question referenced.

Setting:

A rental townhouse/apartment complex, communal parking, limited access from the street.

Question:

Can the Management prevent the open carrying of firearms in the parking lot/grassy areas of the complex?


I live in a townhouse complex, and I was wondering if one of my neighbors complains about me OC'ing, could the management company legally stop me from carrying my weapon? The parking lot, common areas, Tot-lot are owned and maintained by the maintenance staff, but I get fuzzy on where individual property and individual civil liberties start and where they end. Obviously, I can OC in my home, and in my car (with a valid LtCF), but what about in between?

[ExCopInPhilly]

Yes they can. Even though it is private property, it is still shared property, and they have the right to impose whatever rules the Homeowners Association will agree to. Best not to OC in those cases.

[mauser]

What about carrying your cased gun to and from your car? (Rifle, shotgun, or handgun).
Can they really interfere with you in regard to taking your gun from your residence to your car to go wherever you may legally go with it and back?

This might seem absurd as a question, but I feel that it needs to be asked.
How far can a homeowners association go with their rules and regulations, and what rights does an individual retain while living in such a situation?

Yes, I understand that open carry is one thing, concealed carry is another, but if you are carrying a long gun in a case there's usually very little doubt as to what is in that case. Can your "commune" restrict, regulate, or otherwise infringe upon your rights?
If that answer is "yes", who would have the legal advantage or precedent if it would come to an official challenge?

[Seventy4Blazer]

it would have to be in the lease though.

[LittleRedToyota]

what they can and cannot depends mostly on the language of the agreement you signed with the homeowners association (or whatever it is called in your case) in return for being allowed to rent/own a home there.

if the agreement says you have to abide by whatever rules the homeowners association passes, then they can implement a rule even after the fact to stop you from doing just about anything.

this is one reason i would never, ever buy property that is subject to a homeowners association agreement.

having to put up with BS local building codes, zoning laws, etc. is bad enough.

[LittleRedToyota]

but I get fuzzy on where individual property and individual civil liberties start and where they end.

with the exception of discrimination laws (which don't cover gun ownership), your civil liberties pretty much stop at the private property line.

normally, you would be the one to determine the rules about carrying on your own private property, but if you signed a homeowners agreement requiring you to abide by the rules passed by the homeowners association, you have given up a lot of your private property rights and basically assigned them to the homeowners association.

again, though, it all depends on what your particular agreement says.

EDIT: oops. i just re-read your post and see that you are renting...not owning a condo.

in that case, replace everything about the homeowners' association agreement with "lease".

does your lease say anything about firearms? does it say anything about having to abide by rules and regulations imposed by the management company (which would allow them to create a rule against OC and make you abide by it even if it is not specifically in your lease)?

[TaurusGuy]

My father used to live in a community in NJ and they even restricted motorcycles there. If you owned one, you couldn't live there. If someone came to visit you on one, they had to leave it outside the gate.