I have never owned a condominium but am considering moving to one. Has anyone experienced rules against gun ownership as part of condominium agreements? I know this should be a foolish question, but I am in MA.
Thanks
Thanks
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You need to make sure that the condo you buy would let you rent it out in case you decided to move, but retain ownership.
My buddy bought a condo, and he has kids now. The association will not let him rent it out. Sell it, or live in it, but no renting out to other people.....
That has been my experience as well. Proper upkeep preserves the resale value of the property. My girlfriend and I both own condos and there is no prohibitions on the possession of guns. I do not think the condo boards could legally do so anyways, because the SCOTUS decision in the Heller case affirmed the right of law-abiding citizens to keep firearms in their homes.Best thing you can do is check your condo association rules. I live in a condo community but the rules never stated anything about firearms. They are more concerned with making sure the outside of the condo follows suit with the rest of the community.
I do not think the condo boards could legally do so anyways, because the SCOTUS decision in the Heller case affirmed the right of law-abiding citizens to keep firearms in their homes.
As a practical matter, the issue is "default state" - which, in the case of a dispute with a condo over fines is "condo association wins". When a condo association issues a fine it's a lien on your property until and unless you take the necessary steps, at your expense, to obtain a court order declaring the debt invalid. It's considerably more complicated, and expensive, than simply invoking the Heller mantra.That has been my experience as well. Proper upkeep preserves the resale value of the property. My girlfriend and I both own condos and there is no prohibitions on the possession of guns. I do not think the condo boards could legally do so anyways, because the SCOTUS decision in the Heller case affirmed the right of law-abiding citizens to keep firearms in their homes.
You would be wrong - there have been threads here before about just such busybody rules as no gun ownership.I do not think the condo boards could legally do so anyways, because the SCOTUS decision in the Heller case affirmed the right of law-abiding citizens to keep firearms in their homes.
1. NO; it affirmed the right of citizens of DC to keep functioning firearms in their homes. It has NOT been incorporated and, therefore, does not apply to the states.
2. Even if it WERE, a condo is NOT a government. Ergo, there is NO state action and, thus, no Constitutional violation. One might argue some sort of public policy issue, but without state action, you have no clear Constitutional violation.
Scrivener, since it was a SCOTUS ruling, could that be cited on a motion or appeal?
Scrivener, since it was a SCOTUS ruling, could that be cited on a motion or appeal?
You would be wrong - there have been threads here before about just such busybody rules as no gun ownership.
To the OP - search out previous threads on condos. You'll find that many folks here have run afoul of condo assoc rules. Two of our members (Mrs Magnum and Mikey (they're married)) have taken what I consider to be a very wise precaution: they're BOTH on their condo association board!! Thus no such draconian rules can be imposed without their knowing about it and putting up a huge fight.
You've been given some wise information here about reading the docs beforehand. Not ever having considered condo ownership, I wonder if it might not be a good idea to try and meet some of the current residents, and perhaps some of the condo board, BEFORE signing your life away.
Don't ask don't tell. Imagine buying a condo and not being allowed to own guns. What a joke.
Are you saying 'don't ask, don't tell' because you fear that if it was known, you COULD lose your guns?
If so, it's not much of a joke. I'd fear being 'discovered' some day by a super or someone. Perhaps a neighbor or friend you invited in would 'rat you out'.
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No, I am saying is that its nobody's business to know what you do in your own home that you pay for. I might be out of line here I'm not sure.
Not out of line. I was just clarifying what you meant. For me, the risk of discovery would be too great to take the risk, if I didn't already own a condo.
I'd avoid one, if at all possible. I even think that you might have better chances of keeping them if you lived in an apartment, where no condo rules apply.
I would think (and a lawyer will straighten me out, if wrong) that a peson with an LTC would be allowed to retain their rights in an apartment unless a prohibition was made clear before they rented.
I would think (and a lawyer will straighten me out, if wrong) that a peson with an LTC would be allowed to retain their rights in an apartment unless a prohibition was made clear before they rented.
The members of the Association would be cutting their own throats by doing this. At my girlfriend's condo complex, during the annual owners' meeting, the topic about banning pets came up. Apparently, some idiots refused to pick up after their animals and some areas were littered with poop. She owns a cat and "Pearl" never caused any problems. She pointed this out, along with the fact that such a ban would reduce the marketability of the units. The more bans in place, the less marketability. A gun ban would prevent hunters, target shooters, collectors, police officers, armed security guards (with or without Special Police Officer arrest powers) and single women who own guns for self-defense from purchasing a unit in such a complex.In a condo, aren't your gun rights only secure until a future condo board meeting?
Even if guns are allowed when you buy, I would think you could lose the ability to keep them if a future vote says they're no longer allowed.