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Post subject: HOA Association Banning CHL Carry
Post Posted: Sun Aug 23, 2015 3:18 pm
Does anyone know if a HOA can ban concealed carry (via signs) in the common areas of the neighborhoods? Our current board members passed by voted having no guns sign posted. which would cover the pool and clubhouse. I would assume, the other common areas will be next.

I know based on the law "A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises."

and "residential premises" is is defined (and referenced in the same code) as

(C) "Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university." [exception list following this but none apply]

Would the bold part apply to my HOA common areas? My HOA rules are tied to my deed, so if you own the house you have to be in the HOA.

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

-- Benjamin Franklin, Historical Review of Pennsylvania, 1759.
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Sun Aug 23, 2015 5:59 pm
Think this has come up before. If two members by the user names 'Werz' and 'color of law' don't chime in here soon, send private messages their way.

Sorry to call you two out like that..no, actually I am happy to have the pair of you around here.

"I have decided not to vote, speak in public, assemble in groups or petition my government either directly or by writing to the newspapers.

Some ignorant person may become alarmed, and we can't have that.''

--CAR15A2, 3/31/09
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Sun Aug 23, 2015 9:34 pm
wildeone wrote:
Does anyone know if a HOA can ban concealed carry (via signs) in the common areas of the neighborhoods? Our current board members passed by voted having no guns sign posted. which would cover the pool and clubhouse. I would assume, the other common areas will be next.

I know based on the law "A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises."

and "residential premises" is is defined (and referenced in the same code) as

(C) "Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university." [exception list following this but none apply]

Would the bold part apply to my HOA common areas? My HOA rules are tied to my deed, so if you own the house you have to be in the HOA.


The problem with what you pointed out above is you are neither a Landlord or Tenant in an HOA. Unless you charge yourself rent.

And how did they pass said vote? By a board vote or a vote of all owners in the community?
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Sun Aug 23, 2015 10:55 pm
It was actually passed by board vote.

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

-- Benjamin Franklin, Historical Review of Pennsylvania, 1759.
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Sun Aug 23, 2015 11:34 pm
HOAs can violate your constitutional rights with impunity.

But, cannot answer your question without reading the contract.

Most of these HOAs are one sided and usually allow for the board to change the terms by board vote leaving the home owners out in the cold.
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Sun Aug 23, 2015 11:43 pm
color of law wrote:
HOAs can violate your constitutional rights with impunity.

But, cannot answer your question without reading the contract.

Most of these HOAs are one sided and usually allow for the board to change the terms by board vote leaving the home owners out in the cold.


Yup. The problem is how broad are the rules written. For example at my association, we've had a few votes over the past years to modify the bylaws as required by state. Many are written that have broad clauses such as "The association shall manage the pool as they deem fit." That pretty much allows the board to make up the rules. However, if the bylaws only state "the pool shall be open 9-9 from June till August" and nothing else, then I would think they would need an owner's vote to modify the declaration.

HOA are simply put, a pain. I look forward to the day I move out of mine.
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Mon Aug 24, 2015 6:29 am
As a former board member, I can tell you that the rules are such that they can basically decide whatever they want and vote it in. I was just want to know if the Ohio law cited above would be a leg to stand on for trumping that decision. It does not sound like it. Funny how things change in a few years, when I was a board member we had 3 members that carried concealed to all the meetings. Baased on conversations we had with legal council when I was on the board I know the current board is not working within their own bylaws on a couple different items (how they vote in members, enforcing only certain rules in the codes, etc.).

I guess the best way in this case will to petition like mined individuals to attend the next meeting. But that is not always that easy, people do not engage and want to attend meetings unless it is a direct issue for them, and to many this would not be, unfortunately.

Thanks for your responses!



Thanks for your help

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

-- Benjamin Franklin, Historical Review of Pennsylvania, 1759.
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Thu Aug 27, 2015 3:59 pm
The fact remains however, does the board decision, and posting mean that it is a violation under Ohio Revised code or not ??

Just because they have the power to post, does not mean that their posting has legal weight. I would think the Home Owners are "tenants" of the common areas ?? Are their HOA dues not "rent" for the common areas ??

Bill

American held hostage by ZERO the lying dictator.......for an indefinite period of time going forward..........

Ohio, a government of the unions, by the unions, for the unions
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Thu Aug 27, 2015 5:53 pm
willbird wrote:
The fact remains however, does the board decision, and posting mean that it is a violation under Ohio Revised code or not ??

Just because they have the power to post, does not mean that their posting has legal weight. I would think the Home Owners are "tenants" of the common areas ?? Are their HOA dues not "rent" for the common areas ??

Bill

I hate to tell ya, but yes they can. It is private property. You agreed to comply with the asinine rules.
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Post subject: Re: HOA Association Banning CHL Carry
Post Posted: Thu Aug 27, 2015 7:33 pm
Never lived anyplace where I had to sign anything like that. Pretty sure I would have just lined out the anti gun language before signing, and see what happened next. But then I am single, no kids to worry about having a decent roof over their heads. It's not that tough for me to make such choices.

"I have decided not to vote, speak in public, assemble in groups or petition my government either directly or by writing to the newspapers.

Some ignorant person may become alarmed, and we can't have that.''

--CAR15A2, 3/31/09
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Joined: Thu Jan 01, 2009 9:07 pm
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Location: SW Ohio
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