If you OCed in a complex that includes the right of way to your condo, how can they charge you with trespassing?
I understand that HOA's are private contracts and are binding, but if the state and the town/city allows open carry. How can a private contract make a constitutional guarantee, null and void? Most states have preemption which states that towns and cities cannot restrict gun rights. I can see no way some HOA can legally over ride a state preemption.
Some may argue that HOA's can restrict what type of vehicle you can park in your spot. For instance they might not allow an RV or a boat in your parking spot or anywhere on the complex for that matter. But as far as I know there is no state preemption for RV's and boats that I am aware of, so they can get away with it. And some states (Illinois..I think) don't have state preemption for firearms but that point is moot as they do not allow open carry there.
There is federal preemption allowing one to have Direct TV and Dish antennas in condos. It is federal law and enforced by the FCC. HOA's cannot forbid you for putting up a satellite TV on your property, the HOA can tell you to where the antenna has to go (like on the patio). But they cannot forbid you from having satellite TV. This is one of the areas that HOA cannot prevent you. If they have to allow satellite TV antennas, how can they outlaw open carry..if state law allows it. The laws that govern the right to keep and bear arms is much older than the right to watch satellite tv...