Home Owners Associations

All HOA's are required to follow the Michigan Condominium Act, the Fair Housing Act as well as the Michigan Civil Rights Act. They are able to restrict some things. However possession of a firearm is not one of them.

lapeer20m said:

I did have to get a retro-active permit when i installed my woodstove.....who would have thought that you need a permit for a woodstove? Just another tax... grrr!

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What the heck is a retro-active permit? Is that a state thing?

sorry, off topic. not technically a "retro-active" permit....

our township utilizes the county construction code authority to enforce building codes. Just my luck, one of the inspectors drives past my house on his way to work and happened to notice the new chimney sticking out of my roof.

then i was sent a letter telling me i was in violation and needed a permit to install a heating device or some such silliness. Who knew you needed a permit for that? I contacted them, paid the money for the permit, a different inspector came to my house and did the final inspection for the permit. I think it cost in the neighborhood of $100 bucks.

Seems kinda silly that i have to pay money to a government official for the privilege of having a wood stove in my living room.

lapeer20m said:

sorry, off topic. not technically a "retro-active" permit....

our township utilizes the county construction code authority to enforce building codes. Just my luck, one of the inspectors drives past my house on his way to work and happened to notice the new chimney sticking out of my roof.

then i was sent a letter telling me i was in violation and needed a permit to install a heating device or some such silliness. Who knew you needed a permit for that? I contacted them, paid the money for the permit, a different inspector came to my house and did the final inspection for the permit. I think it cost in the neighborhood of $100 bucks.

Seems kinda silly that i have to pay money to a government official for the privilege of having a wood stove in my living room.

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That does seem silly, I guess if your furnace goes out and you need a new one, you have to set up an appointment with the inspectors too? Maybe you should buy one of those little, portable, electric heaters and call them for an inspection

Yooper said:

That does seem silly, I guess if your furnace goes out and you need a new one, you have to set up an appointment with the inspectors too? Maybe you should buy one of those little, portable, electric heaters and call them for an inspection

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We need permits for nearly everything down here. That's probably why there is an "open carry permit" myth circulating.

I hope not.

stainless1911 said:

Trailer parks suck. Ive been stuck in one for about 10 years. Always somebody banging on something, slamming the neighborhood with their car stereos, somebody's always drunk or high, people fighting, stereotypes, prejudice, poverty, I could go on.

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its amazing how one or two walks a week around the park open carrying (especially with a long arm or MI. Pistol)will make your local area alot nicer all of a sudden,the stereo's go down,the alcoholics and druggies stay quiet enough so you dont hear them,the fights dont happen outside,and the break in rate goes down.

The management seems to be intimidated by guns, she has demanded that I do not OC in the park. I do OC on my lot.

Interesting!

Most HOA council members are normally voted (election) in by the residents correct? They levy the association dues (tax) as well? Sounds like a local form of government to me so why wouldn't preemption apply here?

lechwe said:

Sounds like a local form of government to me so why wouldn't preemption apply here?

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Ummm, no. Not even close.

123.1101 Definitions.

Sec. 1.
As used in this act:
(a) “Local unit of government” means a city, village, township, or county.

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As far as firearms pre-emption is concerned those four types of local governments are the only ones effected.

Bronson

stainless1911 said:

The management seems to be intimidated by guns, she has demanded that I do not OC in the park. I do OC on my lot.

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can she legally demand that?

here they have no rules against it,ever since some low lifes moved in its went down a little bit,they're pit always getting loose and chasing people(animal control wont do anything because there is no verifiable proof to any claims made against it) and they have had trouble evicting them.

seems to have settled down a bit since i took the "pistol" to the chinese resturaunt the other day though,which is why i suggested it.

lil_freak_66 said:

can she legally demand that?
.

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I doubt it, but this manager is a loose cannon with a power trip hiding behind a freindly smile, and a sunny demeanor. There is politics, favoritism, and prejudice deep at work here. All the management does here is to assert authority, collect rent, and process evictions to those who cannot, and then take the spoils from those newly evicted poor. Even if she couldnt do it legally, she would likely evict me for some BS, or keep giving me hell until I left on my own. A trailer park is nothing more than an overgrown tent city.

Even law enforcement has occasionally dropped the ball here. After calling the police dozens of times on late night drunken partiers, one got in my face for calling them "5 times a week". Why not take care of the 3:30am drunks instead? Would they have said that to a rich banker, doctor or lawyer living somewhere in richieville?

If it is a condo association, your private property is yours and they may have difficulty trying to force the issue when it is only in your home. In the common areas, about the only thing they could POSSIBLY do is evict you after you have received so many "notices/"tickets". They can't use the police to enforce the prohibition of OCing IE it is not a law, it is a rule. They also would have difficulty trying to enforce the rule by trespassing you because you own property there. So if you were carrying openly in violation of the rules they could not have the police enforce the rule. However, any eviction would need to be something that is followed to the letter of your agreement. It also depends if it is a condo association vs a tenancy-in-common, with the latter having much more power.
I would actually read the agreement because often the prohibition is on the actual firing firing of the weapon, not having it in your possession.
And, I would inform the neighbors on either side of you just how unselective you will be in selling your home to its new owners, should this harassment continue.
How large of a cash reserve does your HOA have? Perhaps the fastest way for members of a HOA to lose the will for pursuing it is when they are forced to contribute to a legal fund to persue the matter in court. I can't imagine anyone will want to pay thousands of dollars to continue a lawsuit if they think that you may bring the issue to court. Of course, if there are enough hunters/gun owners in the community to side with you, none of this will be necessary.

You could always park one of these in your driveway::lol:

I think that exceeds the weight limits for vehicles allowed in the park.

Our streets have speed limits, stop signs, and are patrolled by OCSD, but are maintained by our park, so, are the roads public, or private? Meaning, could I OC on the roads, but not the sidewalks, mail box areas, parks, and so on?

i want one,it looks like it would be street legal too!

You would need to check with your HOA bylaws. The sheriff's department may patrol it under many different scenarios. For example, if it is considered open to the public, they patrol it just like they would any parking lot. Or, your HOA may have an agreement that the sheriff may patrol. Or they may pay the OCSD to patrol it. All depends.
A good indication would be to consider: who does the snow removal? If it is a private contractor paid by your association, then they are probably private roads. If the the governmental unit in which you reside does the plowing, then they are probably public roads. The best way, though, is to check your agreement.

Thanks doc, Im pretty sure that its a private street, that OCSD patrols. Thank goodness. The park removes the snow, sort of.