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?
Maybe they should just secede from the HOA.
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.
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.
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.
Reason 1124 why I avoid HOA’s.