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Thread: HOA Restrictions
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June 6th, 2020, 07:37 PM #41
Re: HOA Restrictions
After doing some research, my statement is pure speculation on my part. I could find no PA case law precedent regarding the constitutionality (state or federal 3rd district) of firearm bans by landlords, section 8 or not. It appears nobody's ever challenged it or at least hasn't appealed it above the lower level kangaroo courts. By plain reading of our State Constitution such prohibitions should not stand for section 8 landlords but I'm not a Supreme Court judge so my opinion doesn't mean jack.
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June 6th, 2020, 07:51 PM #42
Re: HOA Restrictions
I would expect that most people in section 8 housing would be prohibited persons anyway.
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June 6th, 2020, 09:09 PM #43
Re: HOA Restrictions
Which community are we talking about?
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June 6th, 2020, 09:43 PM #44Grand Member
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Re: HOA Restrictions
The precedent is that a government owned facility cannot ban firearms, but there is no precedent for a privately owned property. So it is not whether it is legal or not, just never been tested in court. BTW Why is this thread even still going? I answered the original question on the second page of the thread. Tell the HOA board to go pound salt. But suing them sucks, because you are suing yourself, in essence. So.....sue them, settle after their lawyer tells them they can't ban guns, then move. :-) Speaking from experience. Someone did this to us when I was president of Condo association board, after it was turned over (dumped on) us by the builder who controlled the Association the first five years. He got a nice settlement, after two years (during which nobody could sell their condo except for cash) then moved. The prick didn't even need the money. He was just being the prick he was.
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