HOA in Chicago wants to ban residents from carrying firearms in all common areas

Hello everyone,

I recently bought a condo unit (where I reside) in Chicago about a year ago, and I am on the board. This morning I got an email from the HOA manager with some changes to the rules and regulations. To my horror, one of the rules is a ban on all firearms in all indoor and outdoor common areas! I am one of 3 board members, but I will definitely be out voted by the other two. This pretty much makes my conceal carry license useless, as I would no longer be able to “legally” carry from my home to my car, etc.! Is there anything I can do about this besides voice my opposition? Thank you so much for any useful information!

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Yes there is, move out of that shithole “Chicago” or cook county crap.

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Trust me - I’m seriously considering it.

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Hi John.

I am also a board member for our HOA.

You need to speak to the management company and ask why THEY are making this rule.
This is absolutely not part of their role in managing a community,
The board is responsible for this, NOT the management company.

The job of the board is to uphold the CC&Rs and any covenants attached to the community land.

If the board want to add to the CC&Rs then it should be put to the community at the next public meeting. If enough of the community are in agreement then it should be noted in the minutes.
The MC company should then consult the Boards Lawyers and get them to ensure that the request is one that can be legally held up in your state. (OS I am in Nevada so your laws may differ)

From my point of view the MC are overreaching in their powers here. There responsibility is to assist you in the management of your community. YOU (The board) make the rules most definitely the MC.
They assist in upholding the rules CC&Rs etc. They are also responsible along with your HOA lawyers to ensure the rules created are legal and enforceable. And to assist in legally upholding any current CC&R Regis that are being floughted by home owners.

Speak with your community manager Ned ask why the rule is being created. It may be that a resident has complained somebody was seen with a gun. I am not sure about Chicago but here in Nevada open carry is legal and obviously practiced.
Once you have found the reason you need to ensure its legal and can be upheld.

Do not let the MC create rules and regulations without consulting the board. The board works for the community, The MC works THE BOARD.

Let us know how things go.

Good luck.

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Welcome aboard @William889 and @John_P3

Sounds like @William889 knows of what he speaks.

Sounds like the community should be able to control the adding of rules.

keep in mind:

https://www.hg.org/legal-articles/can-an-hoa-prevent-the-lawful-exercise-of-gun-rights-45411

You lit my Duck Duck Go candle!!!

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Hello and welcome @John_P3 and @William889

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I thought guns were illegal in Chicago?:grin:

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Yes you can inform your HOA that you are changing your will so if anything happens to you because they decided to deny you the ability to carry a gun for self-defense even after you were vetted by the state and granted a CC license, you will leave your entire estate to the best lawyer in the city that will sue their ever loving life away to make sure they pay dearly for causing your death.

I said that to the Sr. Attorney at a company that I worked for when they decided to issue a memo denying my right to CC in the office. After consultation with other attorneys in the company the pulled back the policy for good.

The problem with fools is that no one fights them anymore…

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Yes - ignore it. What are they going to do, pat you down on your way in or out of your condo?

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Wouldn’t that be considered Assault?

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I’m on my HOA Board & the Mgmt company can’t do what they are trying to do In my case it has to be put to vote by the Homeowners after following a real specific format on informing the homeowners first before it goes to vote. again this is my hoa but it must pass by 66 1/2% of all eligible voters (dues Must Be Current to Vote) & quorum must be reach at the voting meeting also. Check ionto this if you feel strongly. Your Management co is overstepping My.02 Good Luck

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Yet one more reason to add to my long list of why I will never purchase a property with an HOA! My sympathies to those of you without the option to avoid them.

I would think in Chicago with its strong anti gun biases that even if you put it to a vote that most owners will vote against people being able to carry in public spaces. People just don’t get that criminals don’t follow the rules so they are just disarming the person who might be able to save them some day.

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Ignoring HOA and POA rules is one way to go but know it’s dangerous. Most folks don’t take them seriously and yet it’s a binding agreement YOU signed up for.

I’ve seen local folks get in trouble with the local Sherriff Dept by ignoring HOA “gun rules” in the book the got when they moved here.

If you don’t like your community’s rules it’s a good thing to look to change them by gathering a majority of like minded residents to put pressure on the folks in charge OR start looking for a new address.

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Thank you! Apparently, this was not a rule created by the HOA (or the manager), but this is a result of an IL state law enacted in 2020. From what I understand, the law still allows CCL holders to get to and from outside to their apartment. Still not thrilled, but not as enraged, lol.

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If you can, sell it and move to Southern Illinois, if you want to remain in Illinois. For what you can sell a house in Chicago, you can buy a house on 10-15 acres in the southern part of the state. We have some really nice gun ranges down here too.

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Maybe a little off topic here, but, what in the world is with the fascination of taking law abiding citizens guns away?

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I think you should find a law firm or lawyer to see if this is legal or if the HOS has trampled on your 2nd amendment rights. CC carry might be prohibited but is it legal to enforce. NRA, GOA or other organizations may be helpful. Don’t just roll over. Stand your ground and if worse gets to worse, sell and don’t buy property run my an HOA. Might have to move. Move to Texas.

www.hg.org/legal-articles/can-an-hoa-prevent-the-lawful-exercise-of-gun-rights-45411

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Sadly this is right on point.

:rage: :rage:

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Welcome @John_P3 and @William889!

I agree with previous comments that the management company and HOA board should not be able to change the rules. Unless your CC&Rs are so different than most HOAs, it’s not that simple.

Having been a board member in a couple of HOA boards, all changes to CC&Rs are normally first put on a ballot which requires a minimum number of signatures from homeowners then voted on by all homeowners.

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I agree with the suggestion to talk to the MC and find out what gave them the idea. If you find out you have a social activist MC, and other board members are OK with it, you need to prepare to sell, as the 2A issue may be just the proverbial canary in a mine.

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