Community Suggests Gun Possession Is Illegal For Residents

This is a discussion on Community Suggests Gun Possession Is Illegal For Residents within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by SIXTO FWIW, I like my homeowners association, it keeps the hillbilly neighbors from parking their Camero in their front yard and their ...

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Thread: Community Suggests Gun Possession Is Illegal For Residents

  1. #16
    VIP Member Array sgtD's Avatar
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    Quote Originally Posted by SIXTO View Post
    FWIW, I like my homeowners association, it keeps the hillbilly neighbors from parking their Camero in their front yard and their extra fridge and living room furniture off their front porch.
    If that's the way you like to live that's fine, but I tend to disagree with any type of "communal" arragements such as HOAs.

    My position is that I don't care what my neighbors do on their property and I expect them to leave me alone about what I do on mine. I keep my place nice, but if they don't want to, that's their business on their property. I respect their choice to live the way they want to live, as long as they leave me alone and don't pile junk in my yard. I guess that kind of thinking is unpopular these days. Why live free, when instead we could tell everybody else what to do all of the time and let them tell us what to do? You know, the kind of thinking that leads people to believe that they have a right to tell someone else what kind of guns they can own.

    I will NEVER EVER EVER live on a piece of property with Deed restrictions, let alone a Godforsaken Homeowners association filled with facist board members. I'd much rather live with a Camaro in the yard next door than have someone else tell me what they think I should do on MY OWN PROPERTY!

    Again, JMO.
    When you've got 'em by the balls, their hearts & minds will follow. Semper Fi.

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  3. #17
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    Quote Originally Posted by SIXTO View Post
    That might be true, but its an association of the homeowners... it is run by the homeowners, and they set the rules. The rules are set and agreed to before anyone buys a home, and any and all changes to the rules are discussed, then voted on by all members......

    ....No homeowners association can create rules as to what the people do or own.
    Regarding the first part: That's why I don't have neighbors! I set the rules! I'm not at the mercy of an ass. who can tell me what to do & not do. (What happens if your are in the minority & the majority wants to vote on something you don't like?....Your screwed..........) There have been MANY news stories about home owner ass.'s not allowing a home owner to fly an American flag.

    The second part: Apparently they're trying to in this case..........
    Last edited by goawayfarm; March 18th, 2007 at 08:52 PM.
    Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca

    "If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith

    "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper

  4. #18
    Ex Member Array Pete's Avatar
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    I own a house on my own land.
    I am not allowed to NOT own a gun, those are my rules.

  5. #19
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    Quote Originally Posted by goawayfarm View Post
    There have been MANY news stories about home owner ass.'s not allowing a home owner to fly an American flag.
    Here are but a few:

    Vietnam veteran's neighborhood dispute prompts flag-flying bill This one occurred in the county I was raised in....
    http://www.firstamendmentcenter.org/news.aspx?id=7592

    Do these people ever learn?
    http://privatopia.blogspot.com/2004_10_10_archive.html

    Flying the Flag Without Fear
    http://www.aiipowmia.com/inter24/in090104flyflag.html

    MORAL OF THIS STORY IS:

    If they can ban the US flag on US soil, it isn't much of a stretch to banning firearms........
    Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca

    "If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith

    "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper

  6. #20
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    Quote Originally Posted by sgtD View Post
    If that's the way you like to live that's fine...
    and thats exactly my point. I knew before I bought my home what the rules are, the benefits and pitfalls. Sometimes its a PIA to deal with, but my property values continue to rise and I am content that I know I wont have to look out at a smurf blue house with a chicken coup on the porch and a goat tied to an old washing machine.
    I keep a small farm a few miles away to satisfy the hillbilly in me, and in a few years I will build a new home on that land, and I will be the one with chickens and goats, but no neighbors.
    Oh yeah, I have old glory flying proud and high.
    "Just blame Sixto"

  7. #21
    Distinguished Member Array BIG E's Avatar
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    No guns allowed here?

    "Hello BG's... come on in and rob us all."
    Don't hit at all if it is honorably possible to avoid hitting; but never hit soft!

    -- Theodore Roosevelt --

  8. #22
    Member Array Smokewagon's Avatar
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    Don't you normally sign a homeowners association agreement?
    If it's not there in writing, then I wouldn't pay any attention to it.
    "How a politician stands on the Second Amendment tells you how he or she views you as an individual... as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded, controlled, supervised, and taken care of." -- Rep. Suzanna Gratia Hupp (TX)

  9. #23
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by dunndw View Post
    Two weeks ago, residents received a from their homeowners' association indicating that guns are not allowed on the property.

    "It thought it was ironic that they say you can't have something when the United States government says you can," said resident Cristina Salajanu.
    "Saying" there's a policy and their actually being able to enforce one are two completely different things. With Constitutionally-protected things, no homeowner's assn can dictate terms. They might well be nasty to someone who believes just that, but they won't get away with it in the end.

    Edit: Of course, for anyone new coming into that community, signing the "contract" of the CC&R's is part of the purchasing process. Wouldn't surprise me if, legally, that community were taken to be a "club" of some kind and ruled that it's perfectly within the rights of the HOA to take away such rights. Can't see how firearms can be one of those things, given its 2A protections, but stranger things happen every day.
    Last edited by ccw9mm; March 19th, 2007 at 08:27 AM. Reason: concession to reality vs rationality
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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  10. #24
    VIP Member Array ELCruisr's Avatar
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    Another great reason to never live with a HOA. First, my mother was the head of one, and I know how persnikety she was. Then they don't want you to even fly a flag much less a POW flag, grrrrrrrr. Then stuff like this.
    If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good. ~ Thomas J. Watson, Jr.

  11. #25
    Distinguished Member Array LenS's Avatar
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    IANAL, but I have to deal with them. As a Constable, I've had to serve "fine notices" that threaten people with huge fines and possible eviction for "not following the rules of a condo association". My late MIL lived in a FL condo for the elderly and served on their BOD. I've heard plenty.

    My Wife would love to move to a condo, but it would be the last place I'd ever want to live! Too many busy-bodies making rules.

    This is "contract law" and I suspect (IANAL) that when you buy in, you sign agreeing to "whatever rules are created after the fact", kind of like our credit card agreements . . . by continuing to live there after the date of a change you are tacitly agreeing to it. I do think that they are enforceable up to and including eviction for not abiding by their rules.

    NO THANK YOU!!

    I own a house in a town with Town By-Laws that prevent much of the most objectionable stuff (e.g. only 1 non-registered vehicle visible on the property, regulating animals, etc.) and that is the most "regulation" that I can tolerate.

    I broke my lease and bought my house earlier than planned largely due to the landlord's overbearing 5 pages of rules (you only got those AFTER you signed the lease) of what you could NOT do on their property! That was 32 years ago and I never looked back.
    NRA Instructor

  12. #26
    Member Array Steve in ABQ's Avatar
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    Quote Originally Posted by SIXTO View Post
    and thats exactly my point. I knew before I bought my home what the rules are, the benefits and pitfalls. Sometimes its a PIA to deal with, but my property values continue to rise and I am content that I know I wont have to look out at a smurf blue house with a chicken coup on the porch and a goat tied to an old washing machine.
    I keep a small farm a few miles away to satisfy the hillbilly in me, and in a few years I will build a new home on that land, and I will be the one with chickens and goats, but no neighbors.
    Oh yeah, I have old glory flying proud and high.
    That's how it starts - community ownership for community beautification. And a bunch of Americans who won't buy a property if there is a smurf-blue house in the neighborhood.

    Not comin' after you, Sixto, but there are enough Americans who like that "Community Beautiful" stuff, and put up with regulations on one's self, as long as they get to Regulate Thy Neighbor, that we stumble down the path of Socialism.

    What's gonna keep the Homeowner's Association from declaring a violator to be "esthetically challenged" and "occupationally impaired" (i.e. colorblind and a bum) and tax the neighbors so's he can have a job on your dime, and also go to Art School to get his colors right?

    I lived in Orange County, which is more Red than Republican. There's a hell of a lot of Pink Elephants there - Republicans who would do just fine with a LOT more Government Order of Things, as long as they're "Nice Government." Bah.

  13. #27
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    This is part of the can of that has been opened by the advent and growing popularity of these b.s. "homeowners associations."

    They really are simply "homeowner control associations."

    What ever happened to simply owning a home on a street, next to other homes on the street? What the hell is responsible for this headlong clamor to join up with an association that dictates what you can and can't do with your own property?

    Everyone's mailbox has to look the same. Everyone's shutters have to look the same. Everyone's house has to look the same. You can't have an American flag flying on a flagpole if it's over X size. Blah blah blah.

    And WHY? So you can sit on your ***** and never have to mow your lawn again? That's the tradeoff? Oooh, included cable t.v. and lawn service, and for that you sign away your freedom as a homeowner.

    People's priorities sure are screwed up. I would NEVER buy in a homeowner's association. Even if you like the rules as they are when you buy, they can get changed right out from under you after that.

    Just buy a damned traditional home and don't be such a lazy poop that you just can't handle mowing your own damned lawn, and you will never have to worry about these fascists. Every day, I read about some complaint or mini-war that someone's having with one of these abominations, and all I can think is, "Well, doofus, what the hell did you expect? You brought this upon yourself."

  14. #28
    VIP Member Array obxned's Avatar
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    Bury them in nasty lawyers!!!!!

    In my part of the world, a home-owners association is more likely to require that you have guns. I think mine has a 3-dog minimum, and they just assume every able bodied person between 9 and 90 has guns.
    Last edited by obxned; March 19th, 2007 at 10:21 AM.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  15. #29
    Distinguished Member Array Bob The Great's Avatar
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    never been much of a fan of homeowners accociations. This kind of stuff happens too often.

    If every change to the contract had to be unanimously approved by all residents, there would be less chance of busibody syndrome. But this never happens; instead either the chairman or the entire board get power-drunk and start making ridiculous rules for the sake of having rules, and without considering all the consequences or worrying about whether the other homeowners agree with the rules.

    As for constitutional rights, I really don't think that comes into play here. It's a private organization, and they can exclude anything or anybody they want. It's up to the members to prevent this from happening by insisting on a proper process of rule-making before signing up for it. Once you sign something like that, you lose any rights that are not protected by the contract, including the right of protest.

  16. #30
    Ron
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    Distinguished Member Array Ron's Avatar
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    I agree that homeowners associations can at times act unreasonably, and I can tell you that any attempt to prohibit gun ownership would not be enforcable. But, I am also surprised at the very strong worded attacks on people who elect to live in deed restricted communities. There are statutory limitations on what regulations these associations can adopt, and some people prefer the comfort of having their property cared for by the association. Also, when you buy into these communities you do so with your eyes open concerning restrictions on the use of your property.

    Hey guys, if you don't want to live in this kind of environment that is your choice, but don't insult those of us who do. That is none of your business.

    Ron
    Last edited by Ron; March 19th, 2007 at 10:45 AM.

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