A week after a Florida HOA in a massive planned community home to almost 10,000 people dropped its on carry ban in public spaces after threats of legal action from Florida Attorney General James Uthmeier, another HOA has told residents their right to carry is null and void in common areas.
This time around, though, the HOA in question is located in South Carolina, so Uthmeier won’t be able to ride to rescue of residents.
Forest Pines Condominiums residents received an email Monday stating that firearms are not allowed in shared spaces on the property, which leaves some residents concerned.
The new rule set by CAMS Management states that neither carried nor concealed firearms are allowed in the condo’s pool, clubhouse, mail kiosks, sidewalks, and parking areas.
The rule still allows firearms in residents’ homes and to and from the residents’ vehicles.
One resident said that while she understands why firearms would not be allowed at pools or other shared spaces, her concern is not being able to carry at the mail kiosks, sidewalks, and parking areas.
“What if I go out at night and I’m like walking, so if I get mugged, are they now financially responsible? Because I was not permitted to protect myself in the middle of the street,” the resident said.
The resident also questioned the HOA’s authority to implement the ban.
“We’re not in an apartment building where you have a lobby that you have to walk through. No, it’s my house. I don’t rent it; I own it,” the resident said.
That’s true. She doesn’t however, own the pool, clubhouse, or even the sidewalks in her community.
In Florida, Uthmeier pointed to Section 790.251(4)(e) of the Florida statutes, which says in part, that “No public or private employer may terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee for exercising his or her constitutional right to keep and bear arms.” The AG said that would apply to employees of the Tradition Community Association, and folks in common areas are “invitees” who can’t lose their right to carry just because the HOA says so.
South Carolina, unfortunately, doesn’t have a law like that in place. WMFB-TV does note, though, that according to the South Carolina Law Enforcement Division, business owners have to put up “no concealed weapons allowed” signs in order to legally ban firearms from their premises. No such signage has been posted on the property owned and maintained by Forest Pines Condominiums, at least as of Tuesday evening.
In 2021, South Carolina Attorney General Alan Wilson was asked to issue a formal opinion about the legality of HOA’s banning firearms in common areas. His answer was pretty ambiguous, declaring that the courts would likely have to make a determination on a case-by-case basis.
Generally speaking, a court faced with the question presented in your letter would be required to review and interpret the restrictive covenants and bylaws which govern the common areas. Such a court likely would be called upon to determine the nature of the property and possessory interests of all parties, which necessarily would be a fact-specific undertaking. For this reason, it appears that such questions must be decided on a case-by-case basis.
Wilson went on to point out that HOA’s are “uniquely self-policing among non-profit corporations, and are capable of robust self-government.”
Where homeowners are elected to the boards of associations through a vote by the members, the homeowners are democratically represented, and they retain the power vote in other board members if their interests are not represented. Furthermore, if the association abuses their power so as to overstep the governing covenants and bylaws, then all members generally have the incentive and the ability to discover those abuses, and may resort to the courts for a remedy if the matter cannot be resolved internally. Finally, if board members or agents of the association engage in fraud or other criminal activity, the local solicitor has the jurisdiction to pursue a prosecution, in his or her discretion.
In the long term, the best thing for residents of Forest Pines to do would be to vote out those HOA board members who imposed the carry ban and replace them with board members who’ll respect the right to bear arms. In the short term, residents should pack the next board meeting and demand the board repeal the prohibition. I’d like to see the rule disappear entirely, but at the very least residents should be able to carry on sidewalks, mail kiosks, and parking areas. It’s easy enough to avoid a “gun-free” clubhouse or community pool, but it makes no sense for a gun owner to drive home, park, go inside and take off their gun just so they can walk to the mailbox without risking a fine or worse. And now that this policy has received media attention, Forest Pines might even develop a reputation among criminals as a target rich environment. The HOA board members may think they’re improving safety by implementing this ban, but I think they’re just asking for trouble.
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