SB1943 and HOA Common Areas

[TexAg08]

Charles,

If SB1943 is able to pass this session, will it have an effect on HOAs posting 30.06/30.07 in common areas? Or is it only in regards to having no firearms language present in the CC&Rs?

Thanks

[rtschl]

TexAg08,

I don't think it would specifically address signage in common areas but would be interesting if it could be used to bolster 2A rights in common areas. But regardless of this bill it has been discussed here a lot that if common area is owned collectively by the homeowners that signage would not apply to an owner. Not giving legal advice but see the following thread that has links to other threads. One of Charles' comments below:
http://www.texaschlforum.com/viewtopic.php?t=87116

Here is a lengthy discussion: http://www.texaschlforum.com/viewtopic. ... t=HOA+Chas.

Short answer: In a Condo, everyone owns a share of the common area. Outside condo projects, it depends on whether the HOA corporation owns it, or if all home owners own a share of the common area. If the HOA owns it, the can control it.

Chas.

[TexAg08]

TexAg08,

I don't think it would specifically address signage in common areas but would be interesting if it could be used to bolster 2A rights in common areas. But regardless of this bill it has been discussed here a lot that if common area is owned collectively by the homeowners that signage would not apply to an owner. Not giving legal advice but see the following thread that has links to other threads. One of Charles' comments below:
http://www.texaschlforum.com/viewtopic.php?t=87116

Here is a lengthy discussion: http://www.texaschlforum.com/viewtopic. ... t=HOA+Chas.

Short answer: In a Condo, everyone owns a share of the common area. Outside condo projects, it depends on whether the HOA corporation owns it, or if all home owners own a share of the common area. If the HOA owns it, the can control it.

Chas.

Thanks for the reply. I was afraid that the bills text would not go far enough to eliminate signage from common areas. I've read in detail the post you quoted, and even had a thread last year regarding signage. I was hoping legislation would be brought forward this session dealing with these HOAs, but my hopes aren't high. My only leg to stand on at the moment is that our CCRs currently state that all homeowners are "entitled" to common areas/facilities.