Rural HOA and open carry

[Weg]

Here's the scenario : I own a home in a rural HOA that encompases about 1,000 acres. We own ( the HOA ) and maintain about 8 miles of caliche roads, the roads are owned by the HOA and are not parolled by the Sheriff as they are private property. There are no references in the HOA to carrying. My question is, would I be in violation if I get caught open carrying. I walk for about a hour every morning, on the HOA rds and always carry. In the summer when its hot and humid I just open carry, and when I hear a car, duck off in the woods, or untuck my t-shirt and kinda cover up the best I can. I never walk during daylight ( work does not allow for it ), and in 3 years have never encountered another person on foot. The way I look at it is, the HOA roads are all private property. Opinions? Note : I do not go out of my way to open carry, during cooler months I always wear a vest, and there is no problem, it's the summer that makes it most difficult.

[KRM45]

Open carry is pemitted on property you own, or property that is under your control.

[longtooth]

As a member there it is still the BOD that controls it. I live in a HOA to but dont even attemt to open carry off my personally owned property.
YMMV

[nitrogen]

How is the property that the HOA controlls deeded? is it your property, with an easement to the HOA? Their property with an easement directly to you or the residents?

I'm sure that the details of the deeding would probably tell you all you need to know.

[barres]

I would think that the HOA owns it and not you, personally. And group ownership and control is not the same as individual ownership and control. You do not have control, as in the authority to have another member of the HOA removed from these common grounds/roads, do you? My opinion, and I admit that I am not a lawyer, is that you are violating the law by open carrying, just as you would be by open carrying in common areas of an apartment complex or condominium complex. I think you really believe the same thing, or you wouldn't be covering up or hiding in the woods when you see/hear a car coming.

Not trying to bust your chops, just giving my honest opinion of the situation. Maybe I'm wrong. The Lord knows my wife tells me I am often enough!

[Weg]

The reason I bring it up, is the fact that it's real convenient to open carry on those hot summer nights, and I'm just trying to figure out if its going to ever get me introuble if the sheriff comes tooling down the road at night ( never seen a patrol car at night in 3 years ). This whole thought process started when someone in the HOA complained about all the kids blazin down the roads in their quads, go-cart ect. The HOA tried to go to the sheriff and were told the roads were all privately owned by the HOA, which meant they had no jurisdiction. They told the HOA they had to amend the bylaws to make it illegal. So thats when I read the bylaws and found nothing about carrying guns,

[tallmike]

Technically the board of directors are the "owners" of HOA property under the law. They are the ones who control the land, not each member of the association.

As an HOA member you own a share in a corporation, the corporation owns all community properties and the board is in control.

[casingpoint]

If you are indeed a part owner of the HOA, you have 100% control of your undivided interest in HOA property. Without looking up the law on co-ownership, I would think in Texas you can utilize your interest so long as doing so does not interfere with the other owners exercising their property rights. Those roads being private property, local law enforcement probably does not have jurisdiction in the matter anyway unless an owner complains after having warned you not to carry on his property, and the owner in this case is you. If another HOA owner complains, hey, their private property interest in the HOA is is a different undivided part of the whole. You aren't using his interest, you're walking on yours. If you can sell all that to a cop investigating a complaint about a man with a gun walking around in a housing area after dark, you are truly a gifted pursuader .

[anygunanywhere]

This is an interesting discussion. Why don't you ask the Texas Attorney General's office and if they say it is OK get it in writing.

Anygunanywhere

[tallmike]

Check out your CCRs, articles of incorporation and bylaws. They will very likely say that ownership of a lot that is positioned inside the boundaries of your HOA entitles you to membership in the association and membership entitles you to use of the common areas.

Can you go out and dig up the common areas? No, they are not yours and under your control. If you are on the board you can, its not right and the other members may get mad and vote you out but you can still do it while you are in charge.

Get elected to the board of representatives, then you have control of the properties. It may not stop the cop from cuffing you, but in the end you will likely win the lawsuit.

[ewhite]

Being on a BOD for my HOA, what you need to do is address it with them. If it is not in the CCR's then it is not against the HOA rules. That being said there rules only go as far as what everyone else would say about it in the entire HOA. Meaning if someone complains to the sherrif, they have given him right to come on the property...You need to get them to make a ruling and put it in the CCR's.