Cohousing-L Mailing List: Re: gun ownership/possession in co-housing

[Elizabeth Magill (pastorlizm]

We have not asked if a policy is enforceable. I'm going to start doing that!

Here is our gun policy.
https://mosaic-commons.org/guns


-Liz
Mosaic Commons in Berlin, MA
www.elizabethmaemagill.com
508-450-0431

On Tue, Sep 20, 2022 at 1:39 PM Muriel Kranowski <murielk [at] vt.edu> wrote:
>
> More on the unenforceable aspect: Last year we had an attorney who
> specializes in HOA law in our state (Virginia) review our Bylaws and other
> governance documents. He recommended that we remove a Bylaws section about
> registered sex offenders that worried parents had insisted on adding to the
> Bylaws about 10 years ago, because having such a clause makes us as an HOA
> subject to potentially ruinous lawsuits in case a sex offender were to move
> in and do harm.
>
> The legal jeopardy would result from the appearance in our Bylaws of a
> guarantee of protection when in fact we couldn't make such a guarantee. So
> we removed that clause.
>
> In general, look at whether anything in your Bylaws or other binding
> documents seems to promise some kind of protection that you can't actually
> provide -- it leaves your HOA very vulnerable to huge costs if you are sued
> for breach of promise or whatever it is called. A gun ban seems to me to
> fall into that same zone for an HOA.
>
>    Muriel @ Shadowlake Village Cohousing
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