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| HOA Parks or common areas. https://www.waguns.org/viewtopic.php?f=47&t=51796 |
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| Author: | hvac [ Thu Jan 29, 2015 3:53 pm ] |
| Post subject: | HOA Parks or common areas. |
I fish in a HOA owned Park. They have written policy to includes fines for carrying firearms in park, concealed or not. I am a lot owner and as such part owner of said park. Is this legally enforcable? Thanks |
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| Author: | Massivedesign [ Thu Jan 29, 2015 4:04 pm ] |
| Post subject: | Re: HOA Parks or common areas. |
hvac wrote: I fish in a HOA owned Park. They have written policy to includes fines for carrying firearms in park, concealed or not. I am a lot owner and as such part owner of said park. Is this legally enforcable? Thanks WHAT?!? That's insane. Now, that being said, yes it's enforceable..... The HOA is Private Property, and as such can make rules regarding the amenities (there are some limitations). What is the fine? Does it escalate? What would happen if you were to carry an airsoft gun, nerf? What is the verbiage in the governing docs / policy on how it is worded? Time for you to join the board! I ask these questions because I am on the board of a 493 lot development in Olympia, so seeing how other boards flex their powers amuses me.. |
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| Author: | Soldier_Citizen [ Thu Jan 29, 2015 4:05 pm ] |
| Post subject: | Re: HOA Parks or common areas. |
Fuck that. Hear no evil see no evil speak no evil |
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| Author: | dogfish [ Thu Jan 29, 2015 4:12 pm ] |
| Post subject: | Re: HOA Parks or common areas. |
If you're a member of the HOA, you most likely signed an agreement to abide by a certain set of rules, essentially waiving a portion of your rights away, which would be the CC&R's (Covenants, conditions and restrictions) you agreed to when purchasing the home. Fines can be attached as a lien against your home, and HOA's are sometimes staffed with people with too much time on their hands who love to use HOA money (your money) to hire attorneys to keep dissenters in line. I assume you live there and own the home. If you rent there, more than likely your rental agreement states that you would abide by the CC&R's. If you don't fit those two descriptions, they could always trespass you. That being said, concealed means concealed, so who would know unless you tell them? Personally, I would rather be around to pay a fine than have my estate pay the fine if I really needed to employ a weapon. It also wouldn't be a suggested line of action to try and push open carry in the park area. You need to use some tact at times, and remember the HOA more than likely has deeper pockets than you, and they might not think twice about hiring an attorney to file suit against you, which you will get to pay for, because that is what it states in the CC&R's. Pick your battles wisely. |
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| Author: | hvac [ Thu Jan 29, 2015 4:45 pm ] |
| Post subject: | Re: HOA Parks or common areas. |
This is the answer I expected. The board is stocked with full time residents and those of us that just use our lots for getting away put up with most of the rules. Yes, I carry regardless and it is concealed. And I would be on the board but I just now retired and and going to travel so won't be around much for a couple of years to to make it up there to the several meeting required each month. This is Lake Cushman property and the participation by lot owners in the affairs up there is pathetic, so they get whatever the board puts out there. I have been working on getting more like minded people to attend board meetings or at least read the minutes so they know what is going on. Thanks for your input. |
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| Author: | Louddog [ Thu Jan 29, 2015 5:27 pm ] |
| Post subject: | Re: HOA Parks or common areas. |
Well, to fine you they have to have proof. Someone might complain, but if no one took clear photos, they must have mistaken your cell phone for a gun. I'd suggest writing a letter to the board to remove it, state that it's unenforceable and doesn't stop the rule breakers from bringing guns there. It's possible it was put there years ago and the current board would agree to remove it. |
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| Author: | MadPick [ Thu Jan 29, 2015 5:28 pm ] |
| Post subject: | Re: HOA Parks or common areas. |
Good luck, keep working it. Just to clarify . . . yes it's enforceable and the HOA can make you pay the fine, but it's not a crime to carry there. You may get caught and need to pay your HOA fine per the HOA's rules, but the judicial system won't get involved. (Well, unless you don't pay the fine and the HOA sues your ass, haha.) |
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