Gunfire into adjacent town home

Last week a tenant of a homeowner discharged a gun (apparently, accidentally, according to the police) and the bullet landed in the kitchen of the next door homeowner. He has filed charges. I have asked the Board what recourse we may have, and they are very adamant that there is nothing they can do (except notify the owners) and, in fact, are defending the party that did this. They even said "oh, I bet you don't know that there are people living here with assault weapons in their homes, safes full of guns, but VA allows that, so we can't do anything about it." I don't know, the state of VA says anyone can own a dog, but I know so many Associations that say, "no dogs," so why can't an HOA say no guns? Isn't protection of life within the boundaries of an HOA? They can fine you if your grass is one inch too high, but discharging a gun, not a problem?

Thanks.

I don't think it's "intrusive" to be protected from jerks firing guns. I thought I saw somewhere on here that an HOA had a bylaw prohibiting firing of a gun in public (probably with an exception for self defense), so that might work? Of course, what would the penalty be, a small fine? If someone is convicted in a civil or criminal matter, can that be grounds for somehow getting them out of the complex? Those who think no one should intrude on their activities must be upset that VA has a law that convicted sex offenenders must reveal same wherever they live. I am 100% for personal privacy, but there are lines that are crossed which don't deserve such protection for the benefit of those who are living there, do you agree?

Oh, and by the way we currently have have two Tier III sex offenders living in our community, one a pedophile and one a rapist which is why my S.O. has a concealed carry permit and regularly carries a gun. And no she has never accidentally discharged it.

I agree that HOA's should regulate gun ownership.

If I had my way, every HOA member would be required to own at least one military-grade assault rifle and at least one large-caliber handgun and every member should be required to demonstrate proficiency with both weapons.

If an HOA has the power to ban guns then it also has the power to require them.

I want a Saab AT4-CS.

Howard,

If you read your governing documents you will find that the Association is responsible for the maintenance of the common area and may adopt rules that address behavior on the common area.

An accidental (or on purpose) discharge of a firearm from inside a private property is not the responsibility of the Association. They are not the police. They are not trained in security or public safety. "They" are the individuals who own property in the community (i.e. your neighbors) who volunteered to serve on the Board of Directors so the Association may fulfill it's obligations (pay for street lights, maintain common area, etc.)to the membership (i.e. you and your neighbors).

This is an issue between the parties involved (the owner who fired the weapon and the owner where the bullet went) and the police. The police, who are trained for this, has already determined (or were satisfied) that it was an accident.

What is it you expect the Association to do? They do not have the authority to take away the weapon (as owning a weapon is a right under the Constitution). Since owning a gun is a right under the Constitution, the Association could not outlaw guns unless it was part of the initial CC&Rs (which would have required the buyer to waive their right to own a weapon by agreeing to the contract). Adopting such a policy after the fact would only result in very costly litigation to the Association (i.e. Special Assessments).

The Association may have the authority to fine the individual for discharging the weapon but accidents do happen and a government authority (the police) has already determined it to be an accident. Therefore, the owner could probably fight the fine in court and win.

As Glen pointed out, the owner of the property where the bullet landed likely has a cause of action that can be taken through the courts and would likely win.

Tim

Why would an HOA willingly take away the lawful ability of every resident to defend themselves and their property, whether they're at home or elsewhere? What purpose would it serve? One person had an accidental discharge (and should probably require further training on the proper handling of a firearm), but that hardly justifies trying to ban them.

How do you know that he's the only one with a gun? Are you uncomfortable knowing that any of the other residents might also own guns that you just don't know about? Not sure what gun ownership rates are there, but the odds of him being the only gun owner is probably not too different from the odds that you're the only non-owner. Reality is most certainly somewhere in between.

I suggest you all stick to HOA issues and not gun politics, because then I would have to say what an idiotic sign that daughter posted, I mean, really idiotic. I prefer the police to protect me, not the "stand your ground" folks, who pursue black children after being told by dispatchers NOT to do it, kill them, and then, in many cases, get away with it. No thanks, just as you told me that the police are responsible for policing gunfire, I will choose them anytime over some neighbor. You gun lovers need to go to a political website, not here, with all due respect. After all, you are the ones who believe the head of the NRA when he says "Well, yes, Obama has not taken away any of our guns, but that PROVES he WILL do it if he gets re-elected." Yep, that is what your Leader said. And you believe him because you are buying guns and ammunition like it's going out of style.

No more responses please. This is supposed to be an HOA website.

I believe that this would be classified as a privilege not a right.

Everyone has a right to own a home they can afford (the American Dream).

Feeling safe in your home is based on how involved people are within their community to keep it safe.

Correct, rights are not absolute, but I do need to correct you in that no rights whatsoever are GRANTED by the U.S. Constitution. It GUARANTEES rights that the people already have by restricting the government's ability to take them away. i.e. you inherently possess the right to freedom of speech, regardless of the existence of the 1st amendment. That right is something that can only be taken away from you or limited.