HOA now Gun Free

[hackeriii]

My HOA in Haymarket has just banned guns (even CCH) while anywhere in the development (exempting your residence). Any other DVCC folks out there that know of this? see email notification below.


DVOA's Policy Resolution No. 8 relates to general rules of conduct and use of lots, living units and common areas. The revision discussed herein relates to the common areas.

In a ongoing effort to ensure the safety and well-being of all residents and guests within Dominion Valley Owners Association, the Board of Directors recently reviewed Policy Resolution No. 8 and added a clause regarding the use of the common areas. The primary reason for the change is that Virginia is an open carry state, and it is not illegal to carry a gun.

The revised resolution included a reference to Article 8, Section 8.3 of the Declaration which states:

"The Board of Directors shall have the power to adopt, amend and repeal Rules and Regulations restricting and regulating the use and enjoyment of the Property or any portion thereof, which may supplement, but may not be inconsistent with the provision of the Association Documents."

The added clause can be found on Section III, Clause D, and reads as follows:

"Except for immediate transportation to or from ones vehicle, carrying or discharging of guns of any sort, including BB guns, paintball guns, and pellet guns on Association property is strictly forbidden. In addition, the carrying of any type of sword, knife, club, crossbow or any other type of weapon is strictly forbidden. A first offense may result in a violation charge of up to $50.00 in accordance with the Association's enforcement procedures. Subsequent offenses may result in additional charges of $50.00 per occurrence. These restrictions do not apply to any legal items kept within an owner's private property."

The resolution became effective August 29, 2013

[mamabearCali]

How is this legal?

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[BertMacklin]

The pasty white face of the suburban mass society raised it's head. HOA's are like mini governments, so that you are never away from a judging eye. You should try to fight this at the next meeting. Find others opposed to it and bring it up, loudly and in large numbers.

[DaRoller]

Can't even have a picnic (no knives). No exemptions for LE, either. Amazes me how these idiots can never seem to figure out the true consequences of the things they write.

Raise your voice loudly, including to local press. Enough momentum and these types of restrictions have been overturned.

[SHMIV]

Assuming that it's not a gated community, the roads are public, because they are state maintained. Any playground or clubhouse, etc., would be private property. So, they can't do much about walking the public streets while carrying, but they can keep you out of the clubhouse, while carrying.

As I understand it, anyway. I do not recommend acting on my observation alone.

IANAL.

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[jdonovan]

How is this legal?

'common ground' is the private property of the HOA. A private property owner can prohibit the possession of firearms on their property.

I've said before, and will say again.

HOA. All the aggravation of government, with none of the protections.

[mamabearCali]

I say make a stink about it pointing out the ridiculousness as above. Then ignore them. Don't go to anymore picnics. When possible leave the draconian anti's behind. How I hate HOA's.

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[widefat]

I especially like the "Except for immediate transportation to or from ones vehicle,"
I doubt that would stand under scrutiny of law.

I think this calls for a lawn chair in the middle of the front yard. A comfortable place to sit while you clean your firearm.

[dorminWS]

I especially like the "Except for immediate transportation to or from ones vehicle,"
I doubt that would stand under scrutiny of law.

I think this calls for a lawn chair in the middle of the front yard. A comfortable place to sit while you clean your firearm.

>>>>>>>>>>>>>>>>>>
Long as the HOA doesn't own the front yard and the HOA agreements and covenants don't give them some sort of control or limitations of your use of it, I'd agree.

[DaRoller]

I'm curious as to what spurred these guys to action. Was there a sudden rash of murders and other assorted mayhem involving people openly carrying firearms? Or did somebody wet themselves because they saw an open carrier and were shocked and dismayed when the local constable showed up and said, "and yer point is?"?

[Swampman]

HOA's are how otherwise innocuous and non-descript persons gain the advantage of power over their peers. They become little socialist enclaves enslaving others, most of whom don't really care what the proletariat does. The sheeple become used to following the goats put in the herd to calm the brain-dead masses. Greeeen doors good, other colors baaaaaad!

[widefat]

HOA's are how otherwise innocuous and non-descript persons gain the advantage of power over their peers. They become little socialist enclaves enslaving others, most of whom don't really care what the proletariat does. The sheeple become used to following the goats put in the herd to calm the brain-dead masses. Greeeen doors good, other colors baaaaaad!

Yep. I cant wait to get out of my HOA.

#17 on my list of things to do when I win the lottery:
Give current house (in HOA)to obnoxious group of felon biker gang members under agreement that they must use the residence as a flop house and party location.

[ShotgunBlast]

Add HOAs to the list of subjects they don't teach you about in school. I think most people make this mistake at one time or another. Glad I don't live in one anymore.

[jdonovan]

First instruction given to my Realtor when I made my last house search.

No HOA.

If you send potential properties to me 3 times that have HOA's that will be an exit clause to the representation agreement.

[Reverenddel]

JD! ABSOLUTELY! Or as I have said before "FRAK A HOA'!"

(Missy Elliot plays on, gittin' her hair did!)

[Mav]

Unfortunately I live in one of these HOA's .. I rent, don't own.
I don't think they have any legal leg to stand on. Sounds like a scare tactic or some nine pleaser.

Here's my take on it from past experience
In my HOA I know several people on the board including the owner. they have in the past tried to fine people for leaving the trash cans out, or painting the door the wrong color.. event one for wrong type of roof shingles....

Most just pay the fine and or correct the issue. when some don't.. the lawyer for the HOA said at one point. there not much they can do.. maybe sew them, take them to small clams court or put a lean on the house... but that's about it.
This also will make a difference if your in a house, condo or town house.. different levels of home and property owner ship there.

Personally I would check with your lawyer an or the HOA lawyer on this.

Speaking of.. this thread has got me wondering about where I live.. I don't think there any restrictions or issues with it.. but hey you never know..

[kelu]

Use their own rules. Call HOA whenever you see a neighbor using a knife or some tool around the grill. "Any type of weapon". You can see anything as a weapon.
And maybe you can ask them to have a big insurance to pay in case someone is attacked and cannot defend because of the rules?

[VACoastie]

I live in a HOA (Own the home) here in suffolk. I was worried about it at first but this place has pretty common sense type rules. No crazy looking weeds growing, maintain your property, don't throw ragers in the middle of the night type stuff. There's so much military here too I'd doubt they'd be able to pass any liberal rules here.

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[Snakester]

In the subdivision that we just purchased land in ...yes we do have a HOA. There is only 11 lots and the smallest is 20.4 acres. It was agreed upon that when 3 lots were sold , they had to form a HOA . I'm sure the developer was involved , but now that only 2 lot remain he is out of the picture and the owners have complete control.
We got to read all of the HOA rules before we would close. Our rules are #1 NO Manufactured Housing. #2 Can not subdivide any lots. #3 Only 1 single family residence per lot. I can live with these. We do have 1 elected official and every July 1 someone else is elected. 2 meetings a year on January 1 and July 4 weekend...Not only do they like to shoot , they also like to party. Last Saturday I got to read "The Minutes" of the last meeting...The meeting could not have lasted 3 minutes TOPS. I know all the neighbors own guns and shoot a lot ...Several have "Nice" Ranges , not just a clearing with a Beer Can nailed to a tree to shoot at. 1 Guy has a Skeet Range and shoots with a Club . Also has a Great Gun Collection.
I'm thinking that our HOA is going to be OK !

[M1A4ME]

I remember when I moved down here there were a lot of things that just blew my mind.

Deer hunting with dogs?? Holy cow!

Some subdivisions did not allow you to park your truck in front of your house. It had to be in the garage or back yard, out of sight of all the good little sheep that think trucks are "bad".

Some subdivisions did not allow you to work on your car in your driveway. No tire rotations, no oil changes, etc.

I found/bought a house on a dead end street with a horse pasture across the street and have been here for 28 years. Never any real issues with the neighbors (though apparently one had issues with my according to the county, but they wouldn't tell me who it was, they just enforced rules on me that they aren't enforcing on many other people but I'm not the type to start turning others in just because some jerk complained about me). If you don't like where you live, move, or be aggravating enough that they move.