HOA says not guns allowed in Nashbor Viliage??????

[Reservoir Dog]

Think about it for a minute...this is private property but the home which you live in is situated on that property. There are SPECIFIC legal protections you have as a homeowner (not the least of which are 4th amendment protections) which cannot be taken away with the stroke of a pen. If this were the case, for example, an HOA could, hypothetically, put a provision in their bylaws that says your home can be inspected by the association at anytime they choose. While it may be in the bylaws, it would not pass constitutional scrutiny

 

Your point is kind of ridiculous.  HOAs have no authority as to what goes on inside your home.  They can regulate the common areas of a development, as well as the exterior of properties (for the purpose of keeping things looking nice), but they have no say whatsoever as to what someone does inside their home.

 

That still does not change the fact that this is not a even constitutional issue.  HOAs are private entities, and as such, cannot violate your constitutional rights.  Once again, the constitution is limitation on government action, not private individuals.

[midtennchip]

Well, I wish the issue was as simple as many people like to believe. On a general issue, not all HOAs are the same. I have lived in very restrictive HOA communities, but now live in one with a very limited HOA. if you are buying property, you should be asking this stuff long before the closing. Any decent realtor will be able to get the information for you before you even make an offer on the property (which is the time to be concerned -- closing would be too late to back out on the sales agreement).

Second, an HOA is an CONTRACT. If you buy the property, you agreed to the restrictions (or the manner in which restrictions are changed or added). So, the constitutional issue does (to some degree) take a back seat to the contract. In this specific case (which appears to be a restriction that was added, rather than being in the original covenants), there might be more of a constitutional issue. However, if it had been in the original covenants, I think it would be hard to challenge.

There is a law review article that was based on this HOA.

https://www.law.upenn.edu/live/files/1774-wahl15upajconstl10032013

[midtennchip]

Your point is kind of ridiculous. HOAs have no authority as to what goes on inside your home. They can regulate the common areas of a development, as well as the exterior of properties (for the purpose of keeping things looking nice), but they have no say whatsoever as to what someone does inside their home.

That still does not change the fact that this is not a even constitutional issue. HOAs are private entities, and as such, cannot violate your constitutional rights. Once again, the constitution is limitation on government action, not private individuals.

I can't get the "multi-quote" to work on my iPad, but in any event, I would disagree with both of you. Some HOAs do have the right to inspect the inside of your property. This issue is fairly common in condos and co-op housing. Just take a look at the Q&A on this HOA law firm's website.

http://www.hoaleader.com/public/569.cfm

Again, it's a contract. If you buy the property, you agreed to it. There might be some chance of challenging it, but it isn't a purely constitutional issue.

[300winmag]

I don't particularly care for HOA's, but can put up with them as long as they just stick to mowing the common areas and repairing neighborhood entrance fences.  A lot of problems can come out of HOA's with folks who want to bother their neighbors over petty disputes and preferences.

[TMF]

People just like asserting their control over others. Mostly because they haven't been physically punished for doing so at any point in their life. These are the cowardly types that rise to power. Sent from my iPad using Tapatalk