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HOA Regulations
Posted: Fri Aug 30, 2019 4:46 pm
by kg5ie
Help me out here. Not with opinion please but statute. Can an HOA stop a legally licensed person from carrying in their buildings with a "rule or regulation", without posting them?
Re: HOA Regulations
Posted: Fri Aug 30, 2019 4:53 pm
by ScottDLS
kg5ie wrote: Fri Aug 30, 2019 4:46 pm
Help me out here. Not with opinion please but statute. Can an HOA stop a legally licensed person from carrying in their buildings with a "rule or regulation", without posting them?
Sure they can put pretty much anything they want in their agreement, but they cannot have you criminally prosecuted without posting or verbal notice. Statute reference Texas PC 30.06.
Re: HOA Regulations
Posted: Fri Aug 30, 2019 5:31 pm
by joe817
I thought the Texas Legislature passed into law this past session to prohibit that kind of thing.
Re: HOA Regulations
Posted: Fri Aug 30, 2019 5:31 pm
by Tex1961
Just passed.
Senate Bill 741 prohibits a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm.
House Bill 302 prohibits “no firearms” clauses in future residential leases and protects tenants’ rights to possess lawfully-owned firearms and ammunition in dwelling units and on manufactured home lots, and to transport their guns directly between their personal vehicles and these locations.
Re: HOA Regulations
Posted: Fri Aug 30, 2019 5:37 pm
by ScottDLS
Tex1961 wrote: Fri Aug 30, 2019 5:31 pm
Just passed.
Senate Bill 741 prohibits a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm.
House Bill 302 prohibits “no firearms” clauses in future residential leases and protects tenants’ rights to possess lawfully-owned firearms and ammunition in dwelling units and on manufactured home lots, and to transport their guns directly between their personal vehicles and these locations.
But I don’t think it addresses carry in common areas/clubhouses/pools except incident to going to and from your residence.
Re: HOA Regulations
Posted: Sat Aug 31, 2019 8:38 am
by RoyGBiv
As of tomorrow, seems not.
https://capitol.texas.gov/tlodocs/86R/b ... 00741S.htm
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.020 to read as follows:
Sec. 202.020. REGULATION OF FIREARMS OR FIREARM AMMUNITION.
A property owners' association may not include or enforce a
provision in a dedicatory instrument that prohibits, restricts, or
has the effect of prohibiting or restricting any person who is
otherwise authorized from lawfully possessing, transporting, or
storing a firearm, any part of a firearm, or firearm ammunition, as
well as the otherwise lawful discharge of a firearm.
SECTION 2. This Act takes effect September 1, 2019.