The previous thread, "Can HOA Ban Guns," was closed because
1. In my original post, quoting from the editorial (emphasis added)
That seems pretty unambiguous that this is a prohibition.
2. If you follow the link to the original story, which I quoted in post # 18 of that thread, it states
Again, pretty unambiguous that this is a prohibition. And this also indicates that this rule change was not put to a vote of the homeowners.
3. The web site for the HOA in question is www.lifeatfalconpointe.com
The governing documents are available there.
The HOA's corporate Bylaws state (emphasis added)
It's pretty unambiguous that not every rule change requires a vote of the homeowners of Falcon Pointe Community Association, Inc. An HOA that requires a general election for every rule change is rare.
4. Since this took place in Texas, see the section of Barbara Hogan's "Handbook for Texas Legislators Relating to Homeowners' Associations Issues" that I quoted in post # 18 of the previous thread.
5. Is there any other requirement that must be met before we can discuss this topic?
Unless we knows the setup of the charter of the OP article's HOA, we can't know from that squib if the guy is threatened or actually banned. We don't know if that particular HOA must have a super-majority vote to change the rules.
At this point, we're merely speculating from inadequate info. If somebody wants to monitor the deal and later on start a new thread, fine.
1. In my original post, quoting from the editorial (emphasis added)
Yet he has been threatened by his Homeowners Association and prohibited from earning a living as he chooses
...
But none of that seems to protect him from the Falcon Point HOA which has passed a rule specifically prohibiting residents from buying and selling firearms in the neighborhood
That seems pretty unambiguous that this is a prohibition.
2. If you follow the link to the original story, which I quoted in post # 18 of that thread, it states
A lawyer who represents Falcon Pointe Association sent a statement to KEYE which said, "The Association enacted a prohibition against operating a home based firearms sales business and did so in the best interest of the residents in the neighborhood."
Neighbors said they did not receive any heads-up about the amendment to the existing rule on home-based businesses.
"I pay dues. I expect somebody to tell me something when you change something that major," neighbor Wayne Williamson said.
Again, pretty unambiguous that this is a prohibition. And this also indicates that this rule change was not put to a vote of the homeowners.
3. The web site for the HOA in question is www.lifeatfalconpointe.com
The governing documents are available there.
The HOA's corporate Bylaws state (emphasis added)
C. Powers and Duties.
Section 17. Powers. The Board of Directors shall be responsible for the affairs of the Association and shall have all of the powers and duties necessary for the administration of the Association’s affairs and, as provided by law, may do or cause to be done all acts and things as are not by the Declaration, Articles, or these By-Laws directed to be done and exercised exclusively by the Voting Representatives or the membership generally.
The Board of Directors shall delegate to one of its members the authority to act on behalf of the Board of Directors on all matters relating to the duties of the managing agent or manager, if any, which might arise between meetings of the Board of Directors.
In addition to the duties imposed by these By-Laws or by any resolution of the Association that may hereafter be adopted, the Board of Directors shall have the power to establish policies relating to, and shall be responsible for performing or causing to be performed, the following, in way of explanation, but not limitation:
(a) preparation and adoption, in accordance with Article X of the Declaration, of annual budgets in which there shall be established the contribution of each Owner to the Common Expenses and Neighborhood Expenses;
(b) making assessments to defray the Common Expenses and Neighborhood Expenses, establishing the means and methods of collecting such assessments, and establishing the payment schedule for Base Assessments and any Neighborhood Assessments, if other than annual;
(c) providing for the operation, care, upkeep, and maintenance of all of the Area of Common Responsibility;
(d) designating, hiring, and dismissing the personnel necessary for the operation of the Association and the maintenance, operation, repair, and replacement of its property and the Area of Common Responsibility and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and materials to be used by such personnel in the performance of their duties;
(e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve, and using the proceeds to operate the Association; provided, any reserve fund may be deposited, in the directors’ best business judgment, in depositories other than banks;
(f) making and amending rules and regulations;
(g) opening of bank accounts on behalf of the Association and designating the signatories required;
(h) making or contacting for the making of repairs, additions, and improvements to or alterations of the Common Area in accordance with the other provisions of the Declaration and these By-Laws after damage or destruction by fire or other casualty;
(i) enforcing by legal means the provisions of the Declaration, these By- Laws, and the rules and regulations adopted by it and bringing any proceedings which may be instituted on behalf of or against the Owners concerning the Association;
(j) obtaining and carrying insurance against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof;
(k) paying the costs of all services rendered to the Association or its Members and not chargeable directly to specific Owners;
(l) keeping books with detailed accounts of the receipts and expenditures affecting the Association and its administration, specifying the maintenance and repair expenses and any other expenses incurred;
(m) maintaining a membership register reflecting, in alphabetical order, the names, Unit addresses and mailing addresses of all Members;
(n) making available to any prospective purchaser of a Unit, any Owner of a Unit, any first Mortgagee, and the holders, insurers, and guarantors of a first Mortgage on any Unit, current copies of the Declaration, the Articles of Incorporation, the By-Laws rules governing the Unit and all other books, records, and financial statements of the Association; and
(o) permitting utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development or operation of the Properties.
It's pretty unambiguous that not every rule change requires a vote of the homeowners of Falcon Pointe Community Association, Inc. An HOA that requires a general election for every rule change is rare.
4. Since this took place in Texas, see the section of Barbara Hogan's "Handbook for Texas Legislators Relating to Homeowners' Associations Issues" that I quoted in post # 18 of the previous thread.
5. Is there any other requirement that must be met before we can discuss this topic?