Delaware Concealed Carry Forum

CCW Methods & Issues => No Carry Locations => Topic started by: Cutter on June 19, 2019, 07:56:00 PM

Title: HOA clubhouse and Pool
Post by: Cutter on June 19, 2019, 07:56:00 PM
Is an HOA able to enact a rule stating that no weapons of any kind are allowed in the clubhouse or the pool area and is it enforceable?
Title: Re: HOA clubhouse and Pool
Post by: Just Bill on June 19, 2019, 08:22:44 PM
I would suspect that is up to the membership, but the mood in much of country is no.  That is private or HOA property, and as I understand it, belongs to the members.
Title: Re: HOA clubhouse and Pool
Post by: 29thInfantry on June 19, 2019, 09:26:34 PM
How would they ever know anyway if you are concealing? 
Title: Re: HOA clubhouse and Pool
Post by: Just Bill on June 19, 2019, 10:28:10 PM
Which is the point I usually make but didn't.  That is why they call it concealed.
Title: Re: HOA clubhouse and Pool
Post by: Cbmarine on June 19, 2019, 11:01:52 PM
If your clubhouse is in DE, the NO GUN signs do not carry the force of law (https://www.handgunlaw.us/states/delaware.pdf).  However, if detected and you don’t leave when asked to leave, you will be guilty of trespassing.  Also your community Rules and Regs may allow them to exact a penalty; financial or usage ban. Proceed wisely.  
Title: Re: HOA clubhouse and Pool
Post by: Rabbit on June 20, 2019, 04:32:24 AM
IANAL, but I would recommend that you get a copy of the HOA’s bylaws, that should spell out the HOA’s authority and or limitations of the HOA’s ability to restrict individual home owners access to the community facilities (HOA clubhouse & pool), specifically the steps to amend the bylaws or rules of the HOA facilities. You should have been given a copy when you bought the house. Then consult an attorney who deals with property law, specifically restrictive covenants.


(IANAL) I am not a Lawyer,