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by Soccerdad1995
Tue Dec 06, 2016 11:12 am
Forum: 2017 Legislative Wish List
Topic: HOA's and 30.06/30.07 posting
Replies: 12
Views: 8619

Re: HOA's and 30.06/30.07 posting

TexAg08 wrote:That is my understanding as well, but currently it lies on the shoulders of the homeowners to fight it. Some HOAs believe they have the right to post signage in common areas since it's private property. It would be nice to have legislation state that HOAs do not have authority to place signs in common areas.

Or remove prohibited places in general.
Under current law, I think they could still post signs. The signs just wouldn't apply to anyone who owns the property in question, or to that person's guests (assuming the home owner would give their guests effective consent). The signs would then only apply to guests without effective consent, or to workers who might enter the common areas. Those people would have to get by with a Kel-Tec Sub 2000 or similar.

As far as what the law should be, I don't think we want to prohibit the posting of private property just because it is owned by multiple persons. What if all owners agree to prohibit carry? If my wife and I are the sole owners of our home, we should be able to post a 30.06 sign at our front door, if we want. Now if my wife decides to post a sign on the house that I also own, that sign should not apply to me or to anyone else that I give effective consent to carry.* This same principle applies to HOA common areas, just with more than one owner.

* The above might sound like an esoteric example, but a version of this actually happened at my house last Spring. We were having some work done by a contractor who is a friend of ours, and who carries. We don't actually have a 30.06 (or 30.07) sign, but my wife told him that she did not want any guns in the house, giving him effective notice. I then gave him effective consent by telling him that he could carry in my home whenever he wanted. IANAL, but I think he was legal to carry at that point.

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