Carrying on your property
- Thread starter mxrider
- Start date
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CypherPunk
Opinions Are My Own
- Apr 6, 2012
- 3,907
I respectfully suggest the your attorney is overly cautious and mistaken. The use of common areas is not unrestricted - ie I can't use the pool at 3am.
Worse case you can change the bylaws or covenants via vote of the membership.
Worse case you can change the bylaws or covenants via vote of the membership.
mxrider
Former MSI Treasurer
Well it helps to be in charge
Yes it does
This may very well be the case and I have an email into her about that aspect of "ownership".
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Time to do some searching
All valid points. Our Condominium association does own the property, and we members of that association are actual owners through it. I point this out by means that we recently tried to designate parking spots and our attorney informed us that we can't due to the fact that each person owns all common areas jointly. This is what got me thinking of the whole idea.
For those that are suggesting taking it to the BOD, I happen to be the president of it and have at least 2 other members that I believe would be on my side of this. It may be something that we can actually put into our rules.
If the association is a corporation or some other legal entity, owning the association does not mean that you own the property that the association owns. A shareholder of a corporation is a legal owner of the corp., but that does not mean the shareholder is a part legal owner of the corp's property.
Objee
Active Member
- Oct 3, 2013
- 615
Sounds similar to the rules governing where you can place a sat or OTA antenna ("exclusive control" of an area).
PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,359
Don't forget to open the can of worms about State, County or City roads having what, 15 foot easement and Utility Company easement.
I'd personally never be inclined to live in an HOA, but not because of this thread.
I'd personally never be inclined to live in an HOA, but not because of this thread.
rockstarr
Major Deplorable
my neighbors would probably think I was a nutcase if I open carried a holstered pistol while cutting my grass...
PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,359
Maybe you could open carry a cordless drill.
How Tacticool could you be with a drop leg Ryobi 18V.
How Tacticool could you be with a drop leg Ryobi 18V.
Mr H
Banana'd
If you do it right, there is a great chance no one will notice until much later. At that point, it's an educational opportunity.
I was speaking with someone else in MSI leadership in my driveway for nearly an hour, and it was never mentioned that I was carrying. Why?
A) He needs new glasses
B) I'm not skinny enough
C) I was "Doing it right"
D) B and C
While either C or D would technically be correct
He went with C.It's not about being flashy or obvious, but going about your business as normal... but you just happen to have a firearm on your hip.
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PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,359
I think we're onto something about Professional Contractors "Open carrying" cordless drills.
Ultimate poser, drop leg Ryobi 18V Cordless Drill, clip their MHIC license on their belt, walk around hardware stores with the two hand on front belt buckle stance with your head "on a swivel" and if anyone asks any questions, they're looking for "Loose screws."
Ultimate poser, drop leg Ryobi 18V Cordless Drill, clip their MHIC license on their belt, walk around hardware stores with the two hand on front belt buckle stance with your head "on a swivel" and if anyone asks any questions, they're looking for "Loose screws."
Brooklyn
I stand with John Locke.
If you do it right, there is a great chance no one will notice until much later. At that point, it's an educational opportunity.
I was speaking with someone else in MSI leadership in my driveway for nearly an hour, and it was never mentioned that I was carrying. Why?
A) He needs new glasses
B) I'm not skinny enough
C) I was "Doing it right"
D) B and C
While either C or D would technically be correct
It's not about being flashy or obvious, but going about your business as normal... but you just happen to have a firearm on your hip.
Doing it right is a major point -- but MSI leadership is not exactly our opposition
But good point anyway
Mr H
Banana'd
Doing it right is a major point -- but MSI leadership is not exactly our opposition
But good point anyway
My point there being, that I would have expected him to be more keen in picking it up.
Not that I am looking to be noticed... you know me better than that.
But, if someone such as that only catches it after an interval, it must not be that big a deal!!!
Brooklyn
I stand with John Locke.
See I do scan for weapons -- but only on persons I do not know and trust
BTW I found 2 poorly concealed firearms this last week -- so bad they had to be feds --- they were.. 3 feds and 2 clearly, thunderously, printing sidearms. I did scope them out and confirmed -- I saw one badge .. They did not seem to notice that I made them or they did not care -- hard to say..
bmodzelewski
Active Member
Don't use a super soaker. Banned under 281.
I thought only the high capacity ones with the backpack tanks were banned ??
6pack
MSI BOD Member
My.02 is that you do not own the HOA property, you mearly pay dues to have the right to use it for ingress/egress/utilities. I would think you could not carry on the common areas without it being expressly noted in the HOA docs.
mxrider
Former MSI Treasurer
Ok, so here it goes. The property is owned by "River Oaks Condominium Association" and we are all members of such. When speaking with our attorney regarding adding a rule about carrying of a handgun, she said that MD law would trump any rules that went against it. My question would then be this:
If it were written into the rules that residents that are legally allowed to possess and own a firearm are allowed to wear and carry a handgun concealed, wouldn't that be giving written permission to carry on the property and thereby meet the MD laws?
Just like going to a friends house that gave you written permission to carry on their property.
I know asking here is not "legal" but thought I'd use up these resources before spending association money on an attorney.
If it were written into the rules that residents that are legally allowed to possess and own a firearm are allowed to wear and carry a handgun concealed, wouldn't that be giving written permission to carry on the property and thereby meet the MD laws?
Just like going to a friends house that gave you written permission to carry on their property.
I know asking here is not "legal" but thought I'd use up these resources before spending association money on an attorney.
youve ask a lawyer and didnt get the answer you wanted.. now ask the forum.. lol
either hire a diff (pro 2a) lawyer..
Bonjour, mon ami
It's on the internet, so it must be true!
madmantrapper
Ultimate Member
I don't care what the HOA or 2A attorney, if someone don't like it it won't happen.
