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Re: HOA now Gun Free

Posted: Sat, 21 Dec 2013 09:57:26
by Swampman
widefat wrote:
#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.
:clap: :hysterical: I like this idea!

I'm in an HOA but it's just for roads. The lots are small, no more than 3 acres, and there isn't any shooting allowed except for pellet/bb guns. Wife and I are talking about looking for larger property with no HOA, where I can shoot and hunt at my leisure.

Re: HOA now Gun Free

Posted: Sat, 21 Dec 2013 10:13:36
by Reverenddel
I like Snakester's...

What I have always been curious about, why hadn't a group of outdoorsman created a "neighborhood" with bigger lots, and a COMMUNITY INDOOR GUN RANGE, and a HOA that states "Every home must possess a firearm, and be able to use it."?

Think of THAT! And have a "Fall Fling", and a "Spring Sprung" party so neighbors can get to know each other.

Re: HOA now Gun Free

Posted: Sat, 21 Dec 2013 10:34:49
by WRW
Reverenddel wrote:I like Snakester's...

What I have always been curious about, why hadn't a group of outdoorsman created a "neighborhood" with bigger lots, and a COMMUNITY INDOOR GUN RANGE, and a HOA that states "Every home must possess a firearm, and be able to use it."?

Think of THAT! And have a "Fall Fling", and a "Spring Sprung" party so neighbors can get to know each other.
Or, better yet, small lots with a large common area/hunting plot. Large lots eat up a lot of that hunting area.

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Re: HOA now Gun Free

Posted: Sat, 21 Dec 2013 10:51:46
by jdonovan
looked at a lot years ago that had in the rules, that a hunt club had exclusive hunting permission on all the land in the HOA.... oh thats different than you meant. I wonder how many land owners got caught by that rule years later...

Re: HOA now Gun Free

Posted: Sat, 21 Dec 2013 19:57:01
by Snakester
We found out today that our next HOA meeting is going Jan. 4 ....Hopefully we find everything to our liking.

Re: HOA now Gun Free

Posted: Sat, 21 Dec 2013 22:26:24
by Remek
You've got to get involved to fix it. You'd be surprised how many will be on your side at this level. They can actually hear reason.

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Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 05:44:28
by Monkey
For the OP, a thought: Finding a pro-gun attorney that will work pro bono and suing the HOA into submission?

Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 09:05:16
by Swampman
The following comes from Title 26, Chapter 55 of the Code of Virginia. Having been on my HOA board, I am somewhat familiar with this statute. It would be interesting to see if the court decides the Code of VA overrides the Constitution, federal law, and previous court precedent.
§ 55-513. Adoption and enforcement of rules.

A. Except as otherwise provided in this chapter, the board of directors shall have the power to establish, adopt, and enforce rules and regulations with respect to use of the common areas and with respect to such other areas of responsibility assigned to the association by the declaration, except where expressly reserved by the declaration to the members. Rules and regulations may be adopted by resolution and shall be reasonably published or distributed throughout the development. A majority of votes cast, in person or by proxy, at a meeting convened in accordance with the provisions of the association's bylaws and called for that purpose, shall repeal or amend any rule or regulation adopted by the board of directors. Rules and regulations may be enforced by any method normally available to the owner of private property in Virginia, including, but not limited to, application for injunctive relief or damages, during which the court may award to the association court costs and reasonable attorney fees.

B. The board of directors shall also have the power, to the extent the declaration or rules and regulations duly adopted pursuant thereto expressly so provide, to (i) suspend a member's right to use facilities or services, including utility services, provided directly through the association for nonpayment of assessments which are more than 60 days past due, to the extent that access to the lot through the common areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant and (ii) assess charges against any member for any violation of the declaration or rules and regulations for which the member or his family members, tenants, guests, or other invitees are responsible.

Before any such charges or suspension may be imposed, the member shall be given an opportunity to be heard and to be represented by counsel before the board of directors or other tribunal specified in the documents. Notice of a hearing, including the charges or other sanctions that may be imposed, shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association at least 14 days prior to the hearing. Within seven days of the hearing, the hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association.

The amount of any charges so assessed shall not be limited to the expense or damage to the association caused by the violation, but shall not exceed $50 for a single offense or $10 per day for any offense of a continuing nature and shall be treated as an assessment against the member's lot for the purposes of § 55-516. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days.

After the date a lawsuit is filed in the general district or circuit court by (i) the association, by and through its counsel, to collect the charges, obtain injunctive relief and correct the violation or (ii) the lot owner challenging any such charges, no additional charges shall accrue. If the court rules in favor of the association, it shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the lot owner prior to the action. In addition, if the court finds that the violation remains uncorrected, the court may order the unit owner to abate or remedy the violation.

In any suit filed in general district court pursuant to this section, the court may enter default judgment against the lot owner on the association's sworn affidavit.
Here is the link to Title 26: http://leg1.state.va.us/cgi-bin/legp504 ... cod+55-513

Depending on the court this case is heard in, they may be spitting into the wind.

Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 10:31:03
by rlbellco72
What exactly is the purpose of an HOA?
Besides telling you what you can and can't do
with your home.

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Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 10:36:15
by VACoastie
Helps keep the cleanliness of your community, which in turn will help the value if your home.

I couldn't find a lot that suited my needs, not had the time to build a brand new home so that's why I went with an HOA. I don't like loud, noisy, filthy, nosey next door neighbors. HOA protects that.

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Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 10:48:23
by Reverenddel
In truth? i love an old established neighborhood with tons of nosy old folk...

Better than a watch dog, and will call 911 if something doesn't look right.

Of course, I live quietly, without any keggers, or "rockstars" around. Mind my own. Making others mind their own, not mine. HAHAH

Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 10:57:12
by dusterdude
Question,do you as a property owner within the community,own any portion of the common area?


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Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 11:23:56
by trailrunner
rlbellco72 wrote:What exactly is the purpose of an HOA?
Besides telling you what you can and can't do
with your home.
There are some benefits to HOAs. I live in an established neighborhood, but I don't have an HOA. One of my next-door neighbors has let his house turn into a sh!t hole. It is a mess. Two of his trees have died and have toppled over onto my road and onto one of my cars; this was a slow process (happened over months) but he did nothing about it. Another adjacent neighbor also let their house fall apart. They were very very old and finally passed away, and thankfully the new owners have fixed the house back up. Another next-door neighbor of mine is running a boarding house, despite the laws in FFX county against it and despite the politicians crowing about how they've cracked down on this problem. There are times that I wished we had an HOA to take care of these particular problems.

I owned a beach house in the OBX for a while. Our community had a HOA to govern things like house color and to fix up the common areas. Our community had a distinct look, and I didn't mind the regulations on house colors and the work they did on the landscaping.

So HOAs can have benefit if they limit their roles, although having said all of this, I would prefer not to live in one. Despite the problems I have with my neighbors, I like the freedom to do whatever I want with my house without seeking approval. And, as others have noted, sometimes the people running them get bored in suburbia and get full of themselves and think they are president of the US and go way overboard.

I wonder if the reasoning behind banning guns stems from the Zimmerman case? Wasn't he acting on behalf of the HOA in some way? Martin's parents sued the HOA and won a settlement. Maybe this is a CYA for the HOAs.

Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 12:33:21
by VACoastie
Yeah Z-Man was on a neighborhood watch patrol when the incident happened. Most HOA's (not sure about mine though) are against the NW's being armed with anything but a radio/cell phone.

With me being FLEO I'm curious as to if I could at least have pepper spray/baton/cuffs. Probably not, and the area I live I don't think I'd ever need it anyways. My voice is enough to intimidate most people to at least scare them away.

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Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 13:13:52
by zykur
HOA's are a double edge sword. The intent is to ensure people don't do crazy things with their houses thus driving down property values as well as maintain common areas etc. One of the problems is they are homeowners many times they have no experience or bring their personal beliefs and grudges just like anyone.
I've been to a few HOA meetings for my property and attendance is very low, I know the former president and she said often times no homeowners would show up and they couldn't vote on anything because not enough homeowners were there.

Your challenge I think will be since you're renting most HOA's won't accept your input, the best chance is to find other neighbors that are gun friendly to see if they would be willing to speak up at the next meeting.

Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 19:24:27
by Swampman
dusterdude wrote:Question,do you as a property owner within the community,own any portion of the common area?


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Nope. You merely have use of them, sometimes under certain conditions, and your dues help pay taxes and insurance on the common property.

Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 20:18:05
by dusterdude
That sucks


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Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 20:23:05
by dmharvey
The day our HOA pulls this is the day I actually attend a meeting. Give 'em hell!

Re: HOA now Gun Free

Posted: Sun, 22 Dec 2013 23:10:33
by Bags30
We had a shooting at the town home I lived in about two years ago. If we had a rules forbidding guns, that guy never would have snuck in the neighborhood at 1am and shot up the wrong house - meaning two doors down from his intended target.

Re: HOA now Gun Free

Posted: Mon, 23 Dec 2013 04:28:35
by MarcSpaz
I hope that's a joke... :confused: