Buying condo: Homeowners association rules prohibit hazardous, dangerous materials

[Art Eatman]

I first learned of the whole condo deal about fifty years ago. On first glance, it looked okay. Then stories began cropping up about problems: First, increased fees for increased maintenance costs due to shoddy construction.

Then, rules enforcement by HOAs where the interpretation of the rules led to "You can't..." stuff that had not been apparent upon first reading by a buyer. No flags, e.g. Car parking. Noise level from visitors or music. My mother owned a condo for a few years. I learned that I could inherit it, okay, but I could not live there unless the HOA approved of me.

Given the weird notions some people have about firearms, I have no trust of some future HOA board on that issue.

You want a condo? You're a shooter/reloader? Get HOA approval in writing. Notarized. If they won't do it, they're not fit neighbors with whom to live.

 

[rscalzo]

First, increased fees for increased maintenance costs due to shoddy construction.

A very big concern with the first units built back in my former town in the early 70's. they looked great when first built but a few years later problems cropped up. the builder was gone and it was the responsibility of the HOA to make the repairs.

They can be a pain with their restrictions and anyone thinking of moving into such a setting would be well advised to read the fine print before signing. We never had problems with gun owners and several had extensive collections. One was a FFL holder. But they never advertised the fact.

 

[brboyer]

From a federal regulation standpoint, loaded ammo is ORM-D, not hazmat. BUT ...


And therein lies the problem.

Bulk gunpowder is.....

 

[Buck Snort]

I'm buying a condo and I'm reading through the homeowners associations rules book. I find this rule:

No dangerous, explosive, or hazardous items or materials shall be stored in any of the apartments or any part of the project.

This apparently means I can have guns, but no ammo, primers or powder.

Any lawyers out there on if there is precedent/rulings/laws that allows gun owners to keep ammo, primers and powder in their condo even though HOA rules have language like above?

Thanks.

-obm

Sometimes you just need to have enough sense to keep your doors locked and your mouth shut.

 

[Bubbles]

Sorry, common sense and HOA's usually don't go hand-in hand.

My husband and I have both spent years as HOA board members. This statement is dead in the x-ring! I live in a non-HOA subdivision now and it's wonderful.

 

[brboyer]

Sometimes you just need to have enough sense to keep your doors locked and your mouth shut.

That's fine until there's a water leak (or some other emergency situation - outlined in the HOA documents) and they go into your unit while you're at work.

 

[Shadow 7D]

Um actually bulk gunpowder is a FLAMMABLE and that is Hazmat, but it is treated like any other flammable household material, put it this way, you wouldn't want a fire on your wet bar, just like you wouldn't want a fire at your reloading table

Bulk BLACKPOWDER on the other hand is hazmat, as it is classified as an explosive.

 

[Bullnettles]

Well, I won't say I did or didn't, but there once was a guy who thought that he would keep all his reloading supplies in his apartment, in a metal container, and reloaded many many rounds. He also did not tell the office about it. His neighbors were anti-gun, yet told him if anything ever happened, they'd know where to run to... Brilliant people these antis... Now for the other side. Had there been a fire, oh f$%!. I look back and realize he shouldn't have done it because I put others in danger. You have to keep in mind that other's safety is in your hands, and carrying a piece doesn't keep them safe everytime. I wouldn't do it at all if I were you. Too much risk. If they have a garage where you can store it with a dehumidifier and temp control... there's a good place for it. I hate apartments...

 

[brboyer]

Well, I won't say I did or didn't, but there once was a guy who thought that he would keep all his reloading supplies in his apartment, in a metal container, and reloaded many many rounds. He also did not tell the office about it. His neighbors were anti-gun, yet told him if anything ever happened, they'd know where to run to... Brilliant people these antis... Now for the other side. Had there been a fire, oh f$%!. I look back and realize he shouldn't have done it because I put others in danger. You have to keep in mind that other's safety is in your hands, and carrying a piece doesn't keep them safe everytime. I wouldn't do it at all if I were you. Too much risk. If they have a garage where you can store it with a dehumidifier and temp control... there's a good place for it. I hate apartments...

Loaded ammunition and reloading components are not anywhere as dangerous as some people think. Stored properly, I would submit they are far safer than the cans of paint, oven cleaner, hairspray, and all the assorted poisons they keep under their sinks.

 

[ArmedBear]

That's fine until there's a water leak (or some other emergency situation - outlined in the HOA documents) and they go into your unit while you're at work.

Neither HOA that I've lived in has ever had my key, or anyone else's. In an emergency, we had to call 911 to have the Fire Department break into a house.

The bottom line? brboyer listed all the HAZMAT stuff I was talking about. There isn't a modern American household that doesn't have many of those things, and nobody would think anything of it.

But, as brboyer also said, the agreement is purposely vague. This allows the HOA board to do more-or-less whatever they want to do, and gives you no recourse unless there's a statute or some case law that limits what the HOA can do. That varies from state to state.

Do note that such agreements often (always?) contain some wording that is not enforceable under the laws of the state. They're not going to tell you what is, and what isn't, though.

If in doubt, consult an attorney. If you don't mind, do what everyone else does, and do what you want while not bothering anyone. The nature of these rules is that they are made to be broken -- and that the HOA can and will use them arbitrarily to tell you what to do, if it wants to. You may have some legal protections in your state, but in some ways you are simply at the mercy of the HOA board. That's life. You paid for your place, but you don't really own it.

I never had any trouble, but still, no more HOAs for me.

 

[wishin]

Find a local lawyer that specializes in real estate law before signing on. Look at it like buying a used car and getting a mechanic to look at it - money well spent.

 

[Colton White]

They want it vague so they have the best chance of having a rule they can hang you out to dry with.

Bingo just like my old high school handbook said lol "rule 25... No horseplay"
What the heck is horseplay you ask? Whatever they say it is!!!
Oh man I got in so much trouble...good times.