[Pontiac]

Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property.

Residents in Nashboro Village said it's unconstitutional and leaves them defenseless.

Not really. This company manages the property and what they are dealing with is a contract. Contracts between willing partners can restrict rights that governments can not.

These people signed a contract giving this company wide latitude to create rules for the community.

This is a perfect illustration of why it is important to read the contract before you sign and go to the meetings when the association council is meeting to make rules. Also know who you are voting for when the association has elections.

Officials with Ghertner and Company, the property manager at Nashboro Village, would not make an on-camera comment about the gun policy but said they plan on changing the rule soon to allow firearms on the property.

However, they would make it illegal to fire those guns, which residents say is still unconstitutional.

I understand this no firing guns rules. Bullets easily pass through most walls and kill people next door. This simple CYA for the HOA.

[dragnet2]

This company manages the property and what they are dealing with is a contract. Contracts between willing partners can restrict rights that governments can not.

What if their contract said no Negros?

[Gaffer]

You overlook that many states have laws that cover various areas, guns for instance. Here in Georgia State law prohibits cities from regulating the carrying of firearms “in any manner.” Since this involves an even more basic right, owning, one could argue (successfully I’d add) that HOA contracts violate this law and are therefore unconstitutional in Georgia.

Similarly, you might have heard that no HOA anywhere in this country can ban a satellite dish less than 1 meter in diameter. This is because Federal Law prohibits HOAs’ control.

The point is that the ‘home’ is not property of the HOA and they cannot control what is in it, etc. They may be able to enforce how it looks with respect to outside condition, yard appearance, parking of vehicles, etc. because it is an agreement based on perceived value of surrounding property, but inside is OFF LIMITS.

[Straight Vermonter]

This is a perfect illustration of why it is important to read the contract before you sign and go to the meetings when the association council is meeting to make rules.

Yes and that is why they do not allow you to see the rules until you are at the closing and it is pretty much too late to back out at that point.