Condo rules going against State laws

[Navy Moose]

Hello Friends,

I am planning on defecting from the People's Republic of Taxachusetts to the State of New Hampshire. The condo complex I found near Nashua has a clause in their bylaws prohibiting handguns from being worn in common areas open or concealed.

From my understanding this violates the New Hampshire law. Does anyone here have experience or hear of people getting into trouble with the condo association while legally carrying a handgun?

I'm tempted to call the Police department asking for their opinion on this rule and what their officers might do in a situation where a resident was legally carrying a handgun but the police was called out by the association because wearing a legal handgun violated the bylaws.

I apologize if this doesn't make sense, long day.

Thank you!

Navy Moose

 

[doobie]

Congrats and hopefully welcome to the land of the free....

...No violation of state laws. I wouldn't buy there. Or if you do buy there, carry your rifle.

Or conceal carry.

 

[doobie]

Oh, and the police won't do anything. Worst case is the condo association will fine you for violating their laws; unless the condo association says you are trespassing because of carrying the firearm then you could be arrested for trespassing.

 

[Baldkat82]

If you're wearing concealed they wont know you're wearing it and i doubt they could get you on trespassing if you've actually bought a condo with them as you would now live there. They might just fine you. Not sure what else they can do without seeing whatever contract you'd sign.

 

[Len-2A Training]

Based on the papers I have served to condo owners, violations of their condo association rules bring hefty fines and possible "eviction". All perfectly legal thru the courts due to signing a contract that is legally binding . . . which says that you will abide by all the condo association rules . . . or else.

I have no use for condos . . . and this is a large reason why.

 

[Navy Moose]

The condo itself is very nice and surprisingly affordable. I am planning on meeting with a real estate attorney in the Nashua area, it is one of the things I want to ask about.

If I received a fine, I would appeal it. Especially since I am not doing anything illegal. They have rules on weapons being in a case while going into a vehicle, I am reading this to assume long guns. The rules are deliberately very vague. My realtor says this is normal.

Thanks for the info!

NavyMoose

 

[Len-2A Training]

Good luck!

Realize that any "appeal" of fines is NOT to a court, but to the same condo association BOD that created the rules. In other words, don't ever count on winning.

 

[Beansie_Time]

go a few towns north and you can probably afford a house instead of a condo.

 

[highlander]

does NH have preemptive laws and if they do would it have any effect on the condo contract?

 

[KMaurer]

does NH have preemptive laws and if they do would it have any effect on the condo contract?

Preemptive state laws only effect localities that would otherwise pass and enforce their own laws. They have no effect on private parties such as condos. The only thing that would effect this sort of contract would be if the state declared that any contract provisions that prohibited the carrying of firearms were contrary to the public interest. Then they'd be free to include those sorts of provisions in their rules, but the courts would refuse to enforce payment of fines or eviction efforts resulting from violation of the provisions or refusal to pay fines for violation of those provisions. Look further north or west.

Ken

 

[drgrant]

Hello Friends,

I am planning on defecting from the People's Republic of Taxachusetts to the State of New Hampshire. The condo complex I found near Nashua has a clause in their bylaws prohibiting handguns from being worn in common areas open or concealed.

It's called private property and they can make whatever rules they want, basically.

It's going to be cheaper or easier to simply not move there and to move to condos/apartments with rules that are less dumb.

Or you can simply carry concealed and just give them the virtual middle finger in the process... worst they can do is kick you out, but you might lose your deposit, possibly a lot of other money depending.

-Mike

 

[BillK]

I would stay away from a condo complex, they are a joke. I am glad that we bought a house with land.

 

[tele_mark]

+1

Thinks about it -- it's a buyer's market for houses. If you can afford a condo, you should be able to afford a comparably-priced house, and the monthly payment will be lower because you won't be paying a condo fee. And, you won't have to put up with all the bullshit of living in an apartment.

 

[Rob Boudrie]

If I received a fine, I would appeal it. Especially since I am not doing anything illegal.

Under normal situations, a judgement cannot be entered against you unless the court issues a ruling. Condos are different. Condo in MA (yes, I know you are talking about NH - check that state laws) have a superlien - which means that you cannot sell your unit until you get a letter from them stating all fees and fines have been paid. Unproved allegation resulting a condo imposed fine? You're welcome to retain legal counsel and go to court seeking a judgement that you don't own any fees - but the "default state of affairs" is that the condo association, not the homeowner, is the one whose side wins absent the other side bringing legal action.

 

[Mikey]

Concealed means concealed. If open carry is your thing then don't move there.

 

[Palladin]

Get a house...for a few bucks more, in the long run, you'll be happier.
Distance makes a great neighbor!

 

[M1911]

If I received a fine, I would appeal it. Especially since I am not doing anything illegal.

You would lose. Condo associations are free to make many rules banning activities which are legal. For example, some condo associations have rules against drying laundry on a clothesline, flying a flag, etc., all of which are legal activities. They can put a rule in the bylaws banning carrying of a handgun. If they catch you, they can fine you. If you don't pay, they can evict you. If you don't like that, buy elsewhere.

 

[Rockrivr1]

You would lose. Condo associations are free to make many rules banning activities which are legal. For example, some condo associations have rules against drying laundry on a clothesline, flying a flag, etc., all of which are legal activities. They can put a rule in the bylaws banning carrying of a handgun. If they catch you, they can fine you. If you don't pay, they can evict you. If you don't like that, buy elsewhere.

Exactly true. I'm on the BOD for my Townhouse association and basically the rules are the rules. You will probably notice a little clause in your condo docs saying if you do bring the association to court and lose, you are also responsible for paying all legal fees for the association. The court will favor the association because you signed the documents saying you understand and will abide by the associatioins rules.

Take everyone's advise and find someplace else. Trying to buck the association is a lose/lose situation.

 

[RKG]

Based on the papers I have served to condo owners, violations of their condo association rules bring hefty fines and possible "eviction". All perfectly legal thru the courts due to signing a contract that is legally binding . . . which says that you will abide by all the condo association rules . . . or else.

I have no use for condos . . . and this is a large reason why.

A hearty second.

There is no conflict with state law; state law may authorize you to carry a firearm, but it does not prohibit you from agreeing with someone that you won't, and if you make that agreement, it will be enforced.

 

[buketduder]

a little off topic..but a condo complex down here in CT (East Windsor) had a rule against flying flags and a woman (whose son was serving in the military) put up an american flag...they told her to take it down (she said no obviously) and i believe she still has it flying....citing this.....

President Bush signed the Freedom to Display the American Flag Act of 2005, which prohibits condo associations from enforcing policies "that would restrict or
prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership
interest or a right to exclusive possession or use."

 

[kevin9]

Hello Friends,

I am planning on defecting from the People's Republic of Taxachusetts to the State of New Hampshire. The condo complex I found near Nashua has a clause in their bylaws prohibiting handguns from being worn in common areas open or concealed.

From my understanding this violates the New Hampshire law. Does anyone here have experience or hear of people getting into trouble with the condo association while legally carrying a handgun?

I'm tempted to call the Police department asking for their opinion on this rule and what their officers might do in a situation where a resident was legally carrying a handgun but the police was called out by the association because wearing a legal handgun violated the bylaws.

I apologize if this doesn't make sense, long day.

Thank you!

Navy Moose

Sounds like this condo place is trying to be MassNorth. I second the advice to find a truly free location, be it a condo or a house. It makes little sense to move from mASSachusetts to a place that is no different.

 

[mvpel]

What Condo is it?

Name some names. If they want to insure that, say, an ex-wife is defenseless against her violent ex-husband, they should be willing to come right out and say it.

Perhaps the complex should be advised that they could be sued for depriving a crime victim the lawful means of self-defense against a violent attack.

 

[M1911]

Perhaps the complex should be advised that they could be sued for depriving a crime victim the lawful means of self-defense against a violent attack.

I doubt that would be successful. When you buy at condo complex, you enter in a contract with the condo association. You entered into that contract voluntarily and thus accepted any consequences of living within the bounds of that contract.

 

[doobie]

Make sure when you don't buy there you let them know it is because of their draconian by-laws.

 

[Roadblock]

Ok, here's the deal- when you buy a condo or anywhere with an HOA where purchasing the home/condo requires you to sign a legally binding contract; by signing that contract you are AGREEING to its terms. If you do not agree with its terms you simply don't buy there- that's it, end of story.

I know of a couple that lives in an HOA where the trash bin must be green; they got a grey one...they were warned and then fined. The green bins were made available at a reduced price to residents and the requirement to have one was clearly stated in the HOA documents that the couple signed when they purchased the home. Stupid? Yes; Legal? Yes. However if they REALLY wanted a grey garbage can...they should have moved elsewhere.

I really have no problem with this, as DUMB as some of the rules are, the purchasers of the homes/condos agree to them when they purchase. Simple free-market principle is the way to resolve the situation.

 

[appraiser]

In this economy bypass the condo market and go to single family.

Condominiums are more bother than they are worth.

 

[jhblaze1]

In this economy bypass the condo market and go to single family.

Condominiums are more bother than they are worth.

No doubt. I see no reason to buy a condo. Single family homes are cheap enough right now that you can get in a pretty decent home for close to the same mortgage. Why pay for a place that you "own" but can't do what you want in?

 

[M1911]

No doubt. I see no reason to buy a condo. Single family homes are cheap enough right now that you can get in a pretty decent home for close to the same mortgage. Why pay for a place that you "own" but can't do what you want in?

Some folks don't want to deal with a house. The condo association takes care of the lawn and grounds, snow removal, garbage collection, exterior maintenance, etc. Of course, all that comes at a cost -- monthly condo fee.

Personally, I prefer our single family home, but different strokes for different folks...

 

[Jaxon]

Some folks don't want to deal with a house. The condo association takes care of the lawn and grounds, snow removal, garbage collection, exterior maintenance, etc. Of course, all that comes at a cost -- monthly condo fee.

Personally, I prefer our single family home, but different strokes for different folks...

Well, since my move here.... I've lived in a condo, and I will never go back to single family home. No grass to cut, leaves to rack, snow to shovel, outside repairs to make, etc, etc, etc. And yes, there is a fee for this. But at 0 dark 30 when there's a foot of snow on the ground and the village serfs are out shoveling... its worth it.

 

[RKG]

There was a 5-alarm fire at a condo in Lexington a couple of weeks ago.

According to what I've heard (I do not have direct knowledge), the Condo Association erred in purchasing sufficient fire insurance for a reconstruction of the structural and common areas, and as a result, each of the unit owners will be subject to an assessment. The amounts vary, depending on unit size, but are in the range of $350,000 to $400,000.

Few people realize just what a potential commitment and loss of sovereignty purchasing a condominum unit entails. Which, I suppose, is a good thing, or no one would ever buy one.