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Thread: OC in a covenant controlled community

  1. #1
    Regular Member
    Join Date
    Aug 2012
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    Thornton, CO
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    21

    OC in a covenant controlled community

    Hi All,

    I live in a convenant controlled condo complex in Thornton, which is what brings up these questions.

    If the convenants happened to contain a clause stating that open carry is prohibited, would that be valid grounds for a trespassing charge if I OCed in the complex? Would such a clause even be legally binding? To the best of my knowledge, there is currently no such clause in my HOAs covenants.

    The complex is private property. However, It is my understanding that any common ground within the complex is co-owned by all of the members of the HOA, obvisiously including myself.

    So to take it one step further, let's say I am OCing outside of my unit in the "common ground." A fellow "common ground owner" tells me that he doesn't like my carrying a gun and wants me to leave. Could this be considered trespassing if I don't comply?

    My gut feeling is that the answer is no to all 3 questions, but I may be missing something.

    I welcome your comments and thoughts on this issue.

  2. #2
    Regular Member
    Join Date
    Aug 2011
    Location
    Boone County, KY
    Posts
    312
    Quote Originally Posted by SteveH2210 View Post
    Hi All,

    I live in a convenant controlled condo complex in Thornton, which is what brings up these questions.

    If the convenants happened to contain a clause stating that open carry is prohibited, would that be valid grounds for a trespassing charge if I OCed in the complex? Would such a clause even be legally binding? To the best of my knowledge, there is currently no such clause in my HOAs covenants.
    What about grandfathering? If something is OK now, but then next week they ban it. How does that come into play? If you put up a flagpole on your HOA property and there is no regulation against it, but then next week they issue regulations after the fact...and you have to take it down. You can take them to court...and argue that it is grandfathered and you should not have to comply. And you should take them to court for harassment and selective enforcement.

    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...
    I am not a lawyer, I study the history of gun control laws.

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