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OC in a Gated Condo Community (HOA)

X

Xeni

Regular Member
Joined
Sep 12, 2007
Messages
243
Location
Dumfries, Virginia, USA
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Thanks everyone for your replies. I think I've gotten my friend more comfortible with the idea of OCing from both a personal defense and rights perspectives. Even convinced him to vote for Ron Paul..!!

:celebrate:celebrate

It's a good day.
 
possumboy

possumboy

Regular Member
Joined
Jun 14, 2006
Messages
1,089
Location
Dumfries, Virginia, USA
imported post

Carpetbagger wrote:
I am definitely not an expert in this area of the law, but HOA rules cansupercede state law and the Constitution because you have contractually agreed to abide by the rules. And you have contractually agreed to the penalties for violating the rules, including fines, liens, and forced sale of your home.

For example, the government cannot prohibit you from flying a flag, but your HOA can. See the Virginia Property Owners’ Association Act that states: “The Association disclosure packet shall include...A statement setting forth any restriction, limitation, or prohibition on the right of a lot owner to display any flag on the owner’s lot including, but not limited to reasonable restrictions as to the size, place and manner of placement or display of such flag and the installation of any flagpole or similar structure necessary to display such flag.” (http://webapp.dpor.state.va.us/faqs/o_flags.htm)
Click to expand...

http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+55-513.1+500084

This is aimed at them trying to pass the code after you moved in for the flag. It is an affirmative defense if it was not included in the disclosure. Doesn't matter what happens after you received that disclosure. The flag is a little off subject.

Now, lets play a searching game. It comes down to the question: Is common property (HOA owned), considered private property?

If it is private property, then they can ban white kittens if they wanted. Now, the HOA cannot ban guns from your home and your property. It could place restrictions on moving through your complex if it is a condo type complex and it is considered private property in the HOA's name.
 
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