Tuesday, March 20, 2007

Homeowners Association Steps In It Big Time

Antioch, TENN:

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.

To start, HOA's are the devil. Plain and simple.

The quesiton is this: Is it actually legal for a HOA to take away your Constitutional rights?

There have been other HOA's that have refused to let people fly American flags from thier property, tie yellow ribbons on trees in support of our troops, and other instances. Is that legal? Imagine if an HOA tried to deny a black or hispanic family from living in the neighborhood. There's no way that would fly, and rightly so. But how can an HOA preempt your Constitutional rights?

Oh, and listen to the "logic" behind this:
"the gun rule is meant to keep criminals out of Nashboro Village"

What? If I'm going to break into a house, guess where I'm going first? The neighborhood I KNOW is unarmed. What are the residents going to do? Use harsh language?

In all fairness, the HOA says they are looking to change the rule to allow people to keep thier guns, but it will still be illegal to fire them. So now, you can possess a gun, but you can't use it to defend yourself, or the HOA will pitch a fit I guess.

I hate gun-grabbers.


JTapp said...

I decided to google HOAs and "constitutional." Found some advocacy sites.
Basically, the current situation is this: When you sign onto an HOA, you have signed a private contract.
The Bill of Rights only applies to government entities' interactions with citizens, and not any private organizations' interactions.
Looks like different state courts are ruling different ways on these, and the US Supreme Court has yet to weigh in. The closest thing they ruled on was in 1946, and said that a privately-owned town functioning as a government should be treated like a government. Thus, Bill of Rights applies.

On the one hand, I want any private organization I join to be as exclusive as I want it to be. I don't want the government telling me who can join my club.

On the other hand, a HOA is a tough club to leave. If I sign a contract and then the rules change, I'm going to have to move out I guess.

There's a lot of interesting stuff in the court decisions (from Wikipedia).

shelly said...
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