Can a neighborhood do this? 30.07

[RACER X]

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[roadkill]

Who maintains the streets? Is there a neighborhood association that owns and pays taxes on the streets?

 

[Charlie]

In answer to OPs question, I would think the sign would not apply. All a homeowners association will do is sue you if you violate their/your rules.

 

[Moonpie]

Sort of depends on exactly whats is being posted yes?
A public street? Nope.
A neighborhood park/swimming pool/community hall/etc. owned and maintained by the HOA? I’d say yes.

 

[Lunyfringe]

key is "may not enter this property"

Who's property is it?
If you're in the "neighborhood" but on your front lawn (as long as it's your property) it doesn't apply to property that doesn't belong to "them".

Put your own sign up on your property with your rules.

Now if it's one of those extreme HOAs where you lease from them...

 

[Renegade]

Whoever owns the property can. Does not mean it applies to other peoples property.

 

[ZX9RCAM]

Where exactly is the sign located?
What is the fenced area in the pic?

 

[Charlie]

Whoever owns the property can. Does not mean it applies to other peoples property.

This is correct.

 

[EZ-E]

I think the HOA is over stepping their bounds.

The HOA does NOT have the authority. This was already addressed with the State of Texas' House Bill 2999.
CSHB 2999 prohibit's property owner associations from prohibiting or restricting any person authorized from lawfully possessing, transporting, or storing a firearm.
This bill was written to specifically address the change in Open Carry /Conceal Carry laws.

Additionally, this has already been tested in Harris County. The County has already declared that HOA does not have the right to enforce.
http://www.yourhoustonnews.com/cypr...cle_a997d4b7-fac2-56dc-a05a-3ba83bda103d.html

"In the discussion of the Texas open carry, residents let their concerns be known and the panel gave specific answers to better help in understanding the new law. When asked if Home Owner Associations can restrict open carry in their neighborhoods, Count Attorney Barbara Armstrong shared those organizations do not have the ability to do so."


“Unfortunately HOA’s cannot restrict open carry. However, if people own private businesses, then those people with private businesses can decide whether or not they want open carry or even concealed carry at their businesses. There are very few buildings in the county that are able to restrict open carry.”

 

[RACER X]

Where exactly is the sign located?
What is the fenced area in the pic?

It’s very near a Neighborhood community center

But it’s street side vs at the entrances


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[Charlie]

It’s very near a Neighborhood community center

But it’s street side vs at the entrances


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What's a Neighborhood community center got to do with it?

 

[ZX9RCAM]

What's a Neighborhood community center got to do with it?

Nothing.
He was just answering my question.

 

[Charlie]

Ah, OK.

 

[EZ-E]

They can put the sign up for the Community Center since it is privately owned... but not the whole neighborhood.

https://www.tml.org/p/July 2015 QA - MunicipalGunRegulation FINAL with chart.pdf

 

[busykngt]

It’s very near a Neighborhood community center

Trying to understand the situation better:
1) is the sign physically located on the “community center’s” property?
2) who owns the “community center” building and land?
—
If the “community center” is privately owned, the private owner can do as he wishes (as has been pointed out). Assuming private ownership, the physical location of the sign could be contested. But to what good end? It seems clear to me, the private ‘community center’ property owner doesn’t want exposed carry to occur on his property. If you object to being forced to conceal carry on his property, then don’t go there.

If the ‘community center’ is publicly (or government) owned or is owned by the HOA , then I think you’d be well within your rights to bring that to the attention of the AG.

 

[AustinN4]

If the ‘community center’ is ............owned by the HOA , then I think you’d be well within your rights to bring that to the attention of the AG.

HOA property is the private property of the HOA, it is not publicly owned.

 

[Charlie]

HOA property is the private property of the HOA, it is not publicly owned.

And if it is like many others, it has a board and officers made up of the home owners.

 

[AustinN4]

And if it is like many others, it has a board and officers made up of the home owners.

All HOAs do.

 

[45tex]

It's what HOA's do repeatedly. Overstep their bounds

 

[busykngt]

The covenants of the HOA agreement would spell out whether or not open carry would be allowed on the property of the ‘community center’ (if it’s owned by the HOA). I would venture to say, since the “open carry” law is relatively new, the odds are those HOA rules/covenants would have had to have been modified and voted on, in the recent past. Of course, one is free to challenge anything via a lawsuit (assuming they have “standing” before the court).