Anyone live in CA HOA need HELP

[goofy810]

I am looking for anyone that lives in CA to come with me to push the HOA to stop using our dues to push for gun control see the jan newsletter from Riverhill the CA board meeting is tomorrow if anyone wants to come let me know http://www.villageofriverhill.org/ne...lager_0113.pdf

 

[Half-cocked]

Link's busted.

 

[goofy810]

http://www.villageofriverhill.org/newsletters/Villager_0113.pdf

Sorry about the link

 

[pbharvey]

I doubt any of you know this. Many years ago, while Bonnie
and I were still dating, Ellen Cohen, a young woman we came to
know, was found dead from a gunshot wound on her door step.
She had been senselessly shot in front of the building she lived in
- an apparent robbery – crawled to her door and bled out. She died
frightened, cold and alone at night right outside the relative safety
of her home. One of hundreds of murder incidents that occur each
year in Baltimore.

One of hundreds of murder victims who cannot legally defend themselves by carrying a concealed weapon.

I didn't see in there where it talked about using your dues money except for the cost of the newsprint for that guy to run his trap. I'd be fired up though if my HOA put out something like that.

...he should move to Australia if he likes it so much.

 

[Rockerspsl]

The community letter did have have a disclaimer stating it was the opinion of the author. It never stated this was the view of the community leadership or that legislation for the community was being created based on these views. Unless they refuse to print an opposing view, it looks like someone else can write an opposing article.

 

[Boom Boom]

Your HOA fails to understand that disarming law-abiding citizens leads to more brazen and frequent violent crime, not less. Australian violent crime is up nearly 50% since the gun ban in 1996. Britain has an insane violent crime rate, nearly 5x higher than the US. Also key is that since Australia enacted their gun ban not long after the US AWB expired, US violent crime rate is down 33% while Australia's is up 50%. That's not a coincidence. Criminals thrive when their victims cannot defend themselves, especially when gun laws work in favor of criminals.

 

[Bohlieve410]

HOAs are tyrannical anyways. I'd rather live with joe-bob Cavalier on blocks than some dbag telling me what to do with my property and using my money to tell me I don't deserve my rights.

 

[6-Pack]

Be careful with HOAs....I have seen some bylaws that prohibit firearms within the community. I doubt these would hold up in court, but HOAs are private entities and are not bound by the Constitution.

 

[Maverick0313]

The community letter did have have a disclaimer stating it was the opinion of the author. It never stated this was the view of the community leadership or that legislation for the community was being created based on these views. Unless they refuse to print an opposing view, it looks like someone else can write an opposing article.

This could work?

 

[K31]

Be careful with HOAs....I have seen some bylaws that prohibit firearms within the community. I doubt these would hold up in court, but HOAs are private entities and are not bound by the Constitution.

Huh?

 

[6-Pack]

Huh?

HOAs are private entities (the Constitution only applies to the government). HOAs get their "power" by placing covenants, conditions and restrictions (commonly called CC&Rs) that are forever attached to the land.

The HOA bylaws spell out what is or is not permitted (no purple shutters, only white window trim, no trash cans in front of house, etc...). Sometimes covenants are not enforceable (such as no Catholics or minorities). I have seen some HOA bylaws in Baltimore City prohibit firearm ownership in houses under the HOA's authority.

 

[goofy810]

Im going to the HOA meeting tonight will report there response I am going to ask them to let me write an opposing view IE pro 2A

 

[Half-cocked]

HOA's cannot restrict your civil rights, regardless of what's in their by-laws. They can no more ban ownership of firearms, than they can ban gays, blacks, or people of a specific religion.


Sent from my iSlate using Prehistoric Birds

 

[fabsroman]

Im going to the HOA meeting tonight will report there response I am going to ask them to let me write an opposing view IE pro 2A

So, what was their response? When we were looking for a house in western Howard County from 2007 through 2010, the requirement was a decent amount of property and NO HOA. Even though I represent a couple of HOA's, I cannot live under one.

In the 7 years we lived in Germantown, we received three letters from our HOA. One was complete BS. The other two were maintenance issues.

Me, I would have blown through the roof if my HOA put out a newsletter like that using my money to print that page of the newsletter. I seriously doubt that 2nd Amendment issues are anywhere in the HOA's by-laws. The Board of the HOA should keep the newsletter related to HOA matters, not make it a platform for political issues unless those issues are specifically related to laws pertaining to HOA's or that would affect the value of your property.

 

[Markp]

HOA's cannot restrict your civil rights, regardless of what's in their by-laws. They can no more ban ownership of firearms, than they can ban gays, blacks, or people of a specific religion.


Sent from my iSlate using Prehistoric Birds

Sure they can ban firearms, HOA's are a legal entity in which you contract with and subjugate your rights to. In any contract situation you can give up your civil rights, at any time, should you choose to enter the contract provided the contract meets certain legal conditions.

HOA's are private entities, not governmental ones. You could end up in a situation where your 2nd Amendment rights are null and void.

Example: You enter a store that has a sign prohibiting firearms and they notice you have a firearm and ask you to leave. You refuse. Guilty of trespass. You don't have a 2nd amendment right on private property owned by someone else. Likewise, if your HOA contract specifies that you will follow the CC&R's, and you refuse, you are subject to the penalties prescribed. The HOA is not the Government and has a private contract with you.

You might be able to beat it, but it will cost you.

 

[vector03]

The Supreme Court has upheld protection in the home. I dare an HOA to challenge that.

 

[Alea Jacta Est]

Im going to the HOA meeting tonight will report there response I am going to ask them to let me write an opposing view IE pro 2A

Good for you...really. Having spent no small amount of time doing volunteer governance (on several boards as officer to include 7 on an HOA), I suggest you consider whether or not this will turn into something ugly down the road and how hat might effect your family. People are knuckleheads. HOAs and similar groups seem to be arsehole magnets. Communities can and do assume almost mob behavior over time. 30 years ago, I went many rounds with an HOA over my dogs who were awesome animals and great fiends but who were also "utility" of being pit mix. In the end, it proved easier to move than fighting the arseholes on a daily basis. I FULLY SUPPORT your notion to speak up. I suggest you think about the real character of your neighbors and the possible outcomes. Cheers

 

[Alea Jacta Est]

Good for you...really. Having spent no small amount of time doing volunteer governance (on several boards as officer to include 7 on an HOA), I suggest you consider whether or not this will turn into something ugly down the road and how hat might effect your family. People are knuckleheads. HOAs and similar groups seem to be arsehole magnets. Communities can and do assume almost mob behavior over time. 30 years ago, I went many rounds with an HOA over my dogs who were awesome animals and great fiends but who were also "utility" of being pit mix. In the end, it proved easier to move than fighting the arseholes on a daily basis. I FULLY SUPPORT your notion to speak up. I suggest you think about the real character of your neighbors and the possible outcomes. Cheers

Friends not fiends...well sometimes they were fiends too ; p

 

[goofy810]

So, what was their response? When we were looking for a house in western Howard County from 2007 through 2010, the requirement was a decent amount of property and NO HOA. Even though I represent a couple of HOA's, I cannot live under one.

In the 7 years we lived in Germantown, we received three letters from our HOA. One was complete BS. The other two were maintenance issues.

Me, I would have blown through the roof if my HOA put out a newsletter like that using my money to print that page of the newsletter. I seriously doubt that 2nd Amendment issues are anywhere in the HOA's by-laws. The Board of the HOA should keep the newsletter related to HOA matters, not make it a platform for political issues unless those issues are specifically related to laws pertaining to HOA's or that would affect the value of your property.

I went they acted like they were listening and then said they would see about a retraction. I reminded them I have taken them to court b4 and will again if need be, I went on the idea that its against the rules of the HOA to use dues to push any political things and dues paid to print the news letter.

 

[fabsroman]

The Supreme Court has upheld protection in the home. I dare an HOA to challenge that.

That would actually be an interesting case. I just read through the Maryland Homeowners Association Act, and while it makes any recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin, including a covenant or restriction that is part of a uniform general scheme or plan of development invalid, it does not provide anything like that for firearms.

Kind of weird that it does not prevent discrimination based upon sexual orientation.

I could do a case search to see if this issue has actually been litigated in Maryland, but do not have the time this morning. Maybe later tonight if I get all my work done.

This is why I refuse to live under an HOA.