Therefore, why can we not ignore a clause in the CC&Rs or condo bylaws that prohibits guns? Didn’t the Supreme Court decide that the second amendment protects an individual right? Doesn’t a constitutionally protected individual right supersede a clause in a private contract?
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The bottom line is that I think you make a very good argument for this. A couple of things to note, however. A condominium is not the same as single family residences, and a Declaration of Condominium is not truly comparable to a subdivision's CC&R's. Ownership is completely different and the laws that regulate Condo Boards and HOAs are completely separate and distinct from one another, at least this is how it is in Florida and several other states I'm familiar with. Generally speaking, rules and regulations tend to be far more extensive and intrusive in Condos, usually for good reason - you are living in extremely close proximity to your neighbors. This justifies tighter regulation to keep down disturbances and conflicts. Also, everyone has an equal, undivided interest in all of the Condo common areas.
With regard to HOA's, municipalities have been using these entities to offload the expense of code enforcement, maintenance of drainage ponds and other infrastructure serving a specific neighborhood to HOA's. In that regard, the HOA has assumed much of the same responsibilities as a government body; arguably a political subdivision of the municipality.
I think your argument works better for subdivision CC&Rs than for a condominium. With a condominium, several arguments can be made claiming the following concerns related to firearms:
1. Over-penetration - self explanatory to most on this board.
2. Close proximity = higher chance of conflict. Just like Bar = higher chance of conflict.
3. Alleviation of fears of non-gun owners living in such close proximity to firearms.
I'm not advocating for any gun bans or restrictions in Condos or otherwise. If you've read other things I've posted you can rest assured of this!
Just some things as far as terminology goes when discussing this:
1. CC&Rs = Covenants Conditions and Restrictions = Declaration of Covenants and Restrictions = Deed Restrictions. Depending on where you live they have slightly different names, but this is the document that enables a HOA and mandates certain requirements and restrictions that run with the land.
2. Declaration of Condominium = formation document for a condominium and contains the basic regulations and restrictions for everyone living in that condominium building. It does a lot more than CC&Rs do because it actually has to take a solid building on a piece of land and divide it up into units, common areas, limited common areas and apportion responsibility among all of its members.
3. HOA = Home Owner's Association. Condominium Board for a condominium - these governing boards are elected by the Unit Owners or homeowners/lot owners.
4. Bylaws. This document DOES NOT contain any restrictive covenants. It sets out voting rights of the owners, establishment of a Board of Directors and procedures for Board elections, Board actions, meetings, etc. Talking about restrictive covenants being in the Bylaws is like calling a magazine a clip.
5. Rules / Regulations - an ancillary, more detailed set of rules that must be followed. This can only be enacted if authorized in the CC&R's or Declaration. Sometimes it requires an action of the Owners to pass them; other times it will only require Board action - that will be specified in the CC&Rs/Declaration. I mention this because often, rules and regulations are not properly enacted.
6. ARB/ARC = Architectural Review Board or Committee. This is a committee that serves the Board and is generally responsible for approving changes to the exterior of a home owner's lot.