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Iowa OC and HOA's

IA_farmboy

Regular Member
Joined
Feb 15, 2009
Messages
494
Location
Linn County, Iowa, USA
The question stll stands unanswered.
I believe it will remain so until we can see the HOA constitution and the lease agreement.

I believe this falls completely under contract law. What does the contract say? I believe that while a "no guns allowed" clause may carry no legal weight a property owner may ask an occupant to leave. Failure to leave when asked is trespassing. Someone might feel that being asked to show their permit to carry weapons to stay on the property to be unnecessary but if those are the conditions then comply or leave. Much like places that have a dress code to enter, or be of a certain age, or any of a number of conditions to enter, it's private property and people may be asked to leave for any reason.

If redsox wants to take this to court and get legal precedent in Iowa that people that rent or lease property can be armed on that property, without having to show a permit, then I welcome it. Just be sure to get some smart lawyers so that this case doesn't screw it up for the rest of us.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,520
Location
here nc
I believe it will remain so until we can see the HOA constitution and the lease agreement.

I believe this falls completely under contract law. What does the contract say? I believe that while a "no guns allowed" clause may carry no legal weight a property owner may ask an occupant to leave. Failure to leave when asked is trespassing. Someone might feel that being asked to show their permit to carry weapons to stay on the property to be unnecessary but if those are the conditions then comply or leave. Much like places that have a dress code to enter, or be of a certain age, or any of a number of conditions to enter, it's private property and people may be asked to leave for any reason.

If redsox wants to take this to court and get legal precedent in Iowa that people that rent or lease property can be armed on that property, without having to show a permit, then I welcome it. Just be sure to get some smart lawyers so that this case doesn't screw it up for the rest of us.
the eviction process would be pursued under the guise of 'breach of contract provisions' and it is up to the tenant to legally dispute, costing $$$$ and the tenant would still be evicted from the property while disputing the issue. the property manager, being kind soul they are would put the eviction on your credit report which would entail another fight to remove.

a passing note...if evicted, the tenant is contractually obligated to pay for the property's legal fees. while the tenant may say who cares...the property manager will start billing and even not actually paying, the tenant will have collections on the record in the thousands of dollars...there is no itemization of their eviction generated 'attorney fees' either.

so Red, have deep pockets...

ipse
 

amaixner

Regular Member
Joined
Mar 26, 2008
Messages
306
Location
Linn County, Iowa
I was merely responding to Tucker's recollection that CCW names USED TO be printed in the newspaper but could not recall which county that happened in. I know the Des Moines Register has posted a list of names in the past. I recall hearing from others that the Cedar Rapids Gazette had printed the names in the past. I vaguely recall that perhaps the Telegraph Herald has also done so. I did not claim that this practice continues.

I assumed that it was common knowledge on this forum that permit to carry records were no longer public, if that confused you then I apologize for not making that clear in my earlier post.


...
You are 100% correct that the various large city newspapers print permit information.

I'm pretty darn confused by your next statement, since that there has been absolutely zero change in the Iowa permit privacy laws since long before the IFC/NRA 2010 permit reform bill. In fact, the senate democrats blocked even a permit-data "accountability" bill this last session, which would have only allowed the general public to ask a "yes/no" question regarding if a specific person had a permit, and would have tied each single-person information request to a permanent public record stating WHO asked the question, and required official proof of identity to even ask about a permit status.

This was passed by the house 3+ times, and tabled/deleted the by the senate (Democrats) committee an equal number of times.

This left us with the old law, which basically allows anyone to anonymously go to any sheriff and request the entire roster of permits in that county. They are currently 100% public records, (Thanks IGO and the Gronstol(D) and Stodders(D) for blocking this privacy improvement.)


No personal attack intended, but, per the forum rules, Please cite the state law, and or the bill which reformed it, that made permits non-public data in Iowa.
 
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