Posted on 03/22/2014 10:06:46 AM PDT by rktman
Some people in a Nashville neighborhood are furious over a new rule that makes it illegal to own a gun.
Residents in Nashboro Village said it's unconstitutional and leaves them defenseless.
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property.
(Excerpt) Read more at newschannel5.com ...
Maybe this will convince the residents that they should actually show up and VOTE. So many people ignore their HOA entirely, and then complain when the elected members do stupid things. Just like any government, you need to get politically involved. Find candidates who support your views, or be a candidate, and then go out and vote, and encourage others to vote, for the good candidates.
When my HOA was doing stupid things, I showed up and put my name in, and had enough people who were riled up to get on the board, and we fixed it.
I was president of a HOA for 3 years (then the coma broke). The HOA can’t enforce this because it doesn’t deal with boundaries or behavior outside the home. The residents can ignore it. If the HOA wants to try to enforce it, well...good luck with that. First, the HOA has to establish the clause is reasonable; second they have to establish the fact (impossible since they aren’t eligible to obtain a search warrant); third, they have to go to court and that costs money; fourth, the Bill of Rights advocacy groups and the NRA will jump at the chance.
"Neighbors said they understand the gun rule is meant to keep criminals out of Nashboro Village . . ."
Of course. Criminals wouldn't want to break a Homeowners' Association Rule.
You covered nothing....
They could not enforce this even if they tried...
Like your government, it’s a sad joke.
Nashville is quite liberal. I believe they've called themselves the Athens of the South for a long time.
Federal, State, County, City law and the Constitution all preempt what an HOA can do. For instance, HOA’s can not prevent satellite dishes from being installed since Federal law prohibited HOAS from doing that. HOA’s can’t deny free speech, either. Nor 2nd Amendment rights either. Residents should just ignore illegal rules and if the HOA takes action, sue the shit out of them.
But you’re right, HOA’s tend to be run by little nazi-wannabes, and personally I would never live in such a regulated community.
Yup. Had our house been involved in an actual full blown hoa, we wouldn’t be here. Just mow the medians ($62/qtr?!) and we don’t even live in the main subdivision. Could be worse. LOL! No it couldn’t cause we wouldn’t be here. Neighbor got a couple of junk cars in the yard? I wouldn’t particularly care if they did.
Patently illegal. They can ban shooting but not ownership. Ignore.
Same thing here.
HOA have no authority for inside the home. That’s been settled law. They also have limited authority to the look and upkeep outside the home and for common property. They have no authority past that.
“By purchasing the house the owner agrees to the restrictions placed on the property by the HOA. “
“No black people, Jews, or Conservatives”? Can they enforce that?
My property is not in an HOA but my late wife was always complaining and threatening to call the County about the neighbors who usually failed to mow their lawn most of the summer, kept junk cars that they were "working on" in the yard, and just generally kept an unkempt property. As our property sits well off the main road and is completely surrounded by a solid line of cedar trees, our house and yard can't be seen by anyone outside the tree/property line. This means, as well, we couldn't see the neighbors' yards either, but it bothered the heck out of my wife when she would drive down the driveway, before turning onto the main part of our property, that she would be able to see the neighbors' yards.
I told her to forget about making any complaints about it to the County. In my opinion, the more trashy the neighbors' yards looked the better. Anyone cruising the road to look for likely places to rob couldn't see our house from the road anyway and, with such poor-white-trashy neighbors being visible, they wouldn't even suspect that there was something worthwhile behind the treeline.
The neighbors knew well enough to stay away from our property, so we never actually had any problem with them. Use the natural community camouflage, I say.
LOL! My wife used to complain about our back yard neighbors when we were still in FL. Could just barely make out the house due to the “jungle” behind our fence. Of course anything that grew over the property line was cut and tossed back over the fence. Made a little extra work for me but not that big a deal.
Read post #29
What if your stinking controlling Home Owners Ass's said no Blacks, no Jews, and wheel chairs not allowed, and anyone who owns a kitchen knife is banned?Had that in CA, no blacks allowed. Saw it on the deed; also saw that it is not enforceable.
You cannot sign away rights in a contract.
If SCOTUS has ruled that cities don’t have the right to ban guns under the 2nd amendment do you think HOAs have that right?
I didn’t sign anything so my HOA is really weak.
Homeowners Associations are absolutely unconstitutional in every way shape or form.
Obamacare will fine you if you don’t buy it’s product,or one like it.
No one is fined for not buying a condo. It’s all about choice. I live in a condo and am okay with the rules because of the freedom I now have after almost 50 years of home ownership.
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