TexasCHLforum.com

Im familiar with the chiarini case. What other case law is out there?

Condo association just posted 30.06 and 30.07. Im an owner so it seems like because Im an owner of the shared property I should be able to carry regardless of 30.07 & 30.06 being posted.

I know I can carry to/from my vehicle, but what about using the facilities? pool, bbq, going to beach etc.

txblackout wrote:Im familiar with the chiarini case. What other case law is out there?

Condo association just posted 30.06 and 30.07. Im an owner so it seems like because Im an owner of the shared property I should be able to carry regardless of 30.07 & 30.06 being posted.

I know I can carry to/from my vehicle, but what about using the facilities? pool, bbq, going to beach etc.

My understanding is the 30.06/7 would only be applicable to visitors, guests, non-residents. Maybe that's why they posted, though it's kind of disappointing that they would.

ScottDLS wrote:

txblackout wrote:Im familiar with the chiarini case. What other case law is out there?

Condo association just posted 30.06 and 30.07. Im an owner so it seems like because Im an owner of the shared property I should be able to carry regardless of 30.07 & 30.06 being posted.

I know I can carry to/from my vehicle, but what about using the facilities? pool, bbq, going to beach etc.

My understanding is the 30.06/7 would only be applicable to visitors, guests, non-residents. Maybe that's why they posted, though it's kind of disappointing that they would.

as someone with apparent authority couldn't he give his guests permission

That's my understanding also (can't prohibit an owner). You OWN the property (co-own, in the case of common property).
However, like having an employer, that doesn't mean that your board couldn't punish you for breaking the "rules", which an entirely different basket.. And HOAs (inc Condo associations) have a pretty bad rap on flatly ignoring the constitution - largely because they have everyone's money and indemnification for those making the decisions.

If they call the police, I'd simply inform them that you're a co-owner of the property and hope that they leave it alone as a civil issue.

cb1000rider wrote:That's my understanding also (can't prohibit an owner). You OWN the property (co-own, in the case of common property).
However, like having an employer, that doesn't mean that your board couldn't punish you for breaking the "rules", which an entirely different basket.. And HOAs (inc Condo associations) have a pretty bad rap on flatly ignoring the constitution - largely because they have everyone's money and indemnification for those making the decisions.

If they call the police, I'd simply inform them that you're a co-owner of the property and hope that they leave it alone as a civil issue.

I was going to point that out also. it might not be illegal but they could have a rule against weapons in the common areas.

zero4o3 wrote:

cb1000rider wrote:That's my understanding also (can't prohibit an owner). You OWN the property (co-own, in the case of common property).
However, like having an employer, that doesn't mean that your board couldn't punish you for breaking the "rules", which an entirely different basket.. And HOAs (inc Condo associations) have a pretty bad rap on flatly ignoring the constitution - largely because they have everyone's money and indemnification for those making the decisions.

If they call the police, I'd simply inform them that you're a co-owner of the property and hope that they leave it alone as a civil issue.

I was going to point that out also. it might not be illegal but they could have a rule against weapons in the common areas.

that is my question, is that enforceable? In the same way they cannot ban satellite dishes these days, can they ban owners from carrying?

txblackout wrote:

zero4o3 wrote:

cb1000rider wrote:That's my understanding also (can't prohibit an owner). You OWN the property (co-own, in the case of common property).
However, like having an employer, that doesn't mean that your board couldn't punish you for breaking the "rules", which an entirely different basket.. And HOAs (inc Condo associations) have a pretty bad rap on flatly ignoring the constitution - largely because they have everyone's money and indemnification for those making the decisions.

If they call the police, I'd simply inform them that you're a co-owner of the property and hope that they leave it alone as a civil issue.

I was going to point that out also. it might not be illegal but they could have a rule against weapons in the common areas.

that is my question, is that enforceable? In the same way they cannot ban satellite dishes these days, can they ban owners from carrying?

That I couldn't answer.
I suspect that even if legally they couldn't you would have to go to court to prove that. I hate HOAs which is why I ultimately moved.

I could be wrong, but I seem to recall discussing something like this in another thread. It might have been condos and it might have been gated communities. I believe that Charles (I may be wrong so don't hold me to it) said that it really has to do with the actual sales contract for the condo and how the common areas are deeded. If the deed says they are owned by all in undivided interests, then the posting is probably invalid. If the deed says they are owned by the condo association/corporation/whatever with the right of use, then the postings are probably valid.

If it was a gated community and a homeowners association, I am not even sure this will apply, but it sounds kind of logical to me.

I believe it was determined that they can say no open carry in public areas, so you can open to and from your car only. But I don't know that they can legally post an 06 sign, with a condo....quite probably. Just be quiet and keep it concealed!