Posted on 03/22/2014 10:06:46 AM PDT by rktman
Some people in a Nashville neighborhood are furious over a new rule that makes it illegal to own a gun.
Residents in Nashboro Village said it's unconstitutional and leaves them defenseless.
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property.
(Excerpt) Read more at newschannel5.com ...
Let’s see these Nazi’s enforce the ban! Not possible.
Some HOA nitwits wet dreams do not trump the Constitution.
After reviewing the reviews on the development that you linked to, I think maybe anybody without a gun who lives there should buy one and learn how to use it. That is one dangerous place, according to the residents. And NOT, I think, because of upright citizens who have guns but because of thugs in the neighborhood and because management does not thoroughly investigate would-be renters.
“Patently illegal. They can ban shooting but not ownership. Ignore.”
This will not stop them from taking you to court and it costs $5000 down and $500 an hour to operate the legal system. Almost nobody can afford it. Also, they can place a lien on your property. Is any of this legal? Probably no. But, it costs dearly to undo their actions and you’re unlikely to recover the money you spend and they can keep taking those actions until you’re broke. HOA’s are where you find your inner Nazi.
FU HOA Come and take them.
Pretty much true and another reason we need loser pays systems. It costs too much to fight crap like this so people don’t.
That's my thinking. We have an HOA, basically useless. If they tried this kind of excrement that would be the end of the HOA. Not just getting their dumb and unconstitutional "rule" repealed, I mean I'd see to it the HOA was disbanded.
Still wonderin’ if anyone know how to go about dumping an hoa. From what I’ve been able to discern, it’s nearly impossible. At least here in NV. Not to mention the deep pockets you gotta have just for liars fees. I meant, of course, lawyers fee. Sigmund slippage.
Bull shit....Ya know what...I am so sick of controlling people with their own little political agendas...
What if your stinking controlling Home Owners Ass's said no Blacks, no Jews, and wheel chairs not allowed, and anyone who owns a kitchen knife is banned?
“Pretty much true and another reason we need loser pays systems.”
I believe we do not have loser pays because liberals use the system to wage “lawfare.” Also, our government gives tax money to environmental groups to sue our own agencies to “force” the agencies to enforce (or “properly” interpret) laws and then enforce them. The government will pay any of the special victim groups to sue their employers. A lawyer told me, if you’re in one of those groups I’ll take the case even if it’s obvious you’re lying because I can force a settlement. The company knows the claimant has no incentive to settle. The minimum no-case-at all settlement is $5,000. (This was in 1997, so I imagine the minimum settlement is now higher.)
HOA business info:
https://tnbear.tn.gov/ecommerce/FilingDetail.aspx?CN=230147118252216108054226220165020231166104240080
Info on management company of HOA:
https://tnbear.tn.gov/ecommerce/FilingDetail.aspx?CN=074223097244169246191189045044066124138100225131
Steven Ghertner is the Reg Agent and co-president with brother,Scott Ghertner:
http://ghertner.com/ghertner/sub_category_list.asp?category=10&title=About+Our+Firm
Photos of the management team / principals. Look at some of their photos and tell me they’re not liberal twits:
http://ghertner.com/ghertner/sub_category_list.asp?category=27&title=Our+Team
Residents in Nashboro Village said it's unconstitutional and leaves them defenseless.
Not really. This company manages the property and what they are dealing with is a contract. Contracts between willing partners can restrict rights that governments can not.
These people signed a contract giving this company wide latitude to create rules for the community.
This is a perfect illustration of why it is important to read the contract before you sign and go to the meetings when the association council is meeting to make rules. Also know who you are voting for when the association has elections.
Officials with Ghertner and Company, the property manager at Nashboro Village, would not make an on-camera comment about the gun policy but said they plan on changing the rule soon to allow firearms on the property.
However, they would make it illegal to fire those guns, which residents say is still unconstitutional.
I understand this no firing guns rules. Bullets easily pass through most walls and kill people next door. This simple CYA for the HOA.
What if their contract said no Negros?
One of the many reasons I would never live in a subdivision or a condo.
Sorry, that is completely wrong. You cannot sign away rights in a contract. The HOA will lose.
Looking at the comments, not many read the article:
“they plan on changing the rule soon to allow firearms on the property.”
We have a voluntary neighborhood association that collects enough *voluntary* dues to maintain three major and two minor entrances, print a nice neighborhood directory, maintain a small forum web site for announcements and discussions, and organize misc. events. It’s pretty perfect. Lots of volunteer effort. I’ve been helping deal with some issues with the lighting at the entrances, for instance.
And if it’s not in the original, the homeowners should sue the HOA and demand it be disbanded/nullified/abandoned. Anybody know how to dismantle an hoa?
Its called an attorney who interviews all of the property owners who decide they don’t want it anymore then goes through the legal progress to dismantle it. Of couse thats the very oversimplied version of it. There could be other legal hurdles to overcome, particularly if there are other entities that have a vested interest in the properties that were purchased.
There are federal and state laws that prohibit that kind of rule.
The HOA has pretty much the same rule making power that the home owner himself has. They can make any rule that is not itself illegal for the home owner to make provided that the basic HOA charter did not prohibit the rule.
If a home owner can prohibit guns on his property the HOA can as well.
For this very reason I would never buy property in a HOA development. I don’t want a HOA telling me I can’t fly a flag or build an out house if I want.
Some people like them because they force an owner to keep up the appearance of his home. Some people really worry about their property being devalued by bad neighbors.
What if their contract said no Negros or homos?
There are federal and state laws that prohibit that kind of rule.
LOL! They can defecate on the U.S. Constitution and the Bill of Rights but corrupt governments can just pick and choose what is allowed and not allowed?
BS
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.