Any pro-2A “HOA expert” Attys in the Burke-Catawba counties area

73Chall

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Evening all - I am searching for several attorneys I can interview / initial consult with in the Burke and/or Catawba counties area who specializes in NC HOA law - preferably pro-2A although, I’ll begrudgingly choose competence (and track record) over political views.

Long story short: somehow we got 5 Freaking Libtards on our HOA Board who have pulled a fast one on us all and tacked “No Firearms Hunting” and “No Firearms Discharges” proposals onto this year’s ballot.

(I should NOTE here: Our town ordnance very clearly PERMITS property owners to shoot on their own property (or property of another, with written permission) with several common sense stipulations (some form of berm, nothing in line of fire, path of projectile, etc.)

No big deal except the only 2 options they gave Lot owners on the Hunting issue are “No Hunting” period or “Archery Only” - talk about typically biased and sleazy anti-gunner tactics!

At no small expense, I wrote and mailed a letter to all the lot owners in our 320 lot subdiv. urging them to:

1) Vote “No” to the Firearms Discharge Prohibition; and,

2) Hand write-in “Option 3: All Hunting within the community shall be in accordance with NCWRC Regulations

These anti gunners NEVER SAW ME OR my perfectly legal tactic of AN OPTION 3 COMING and their heads have EXPLODED! They are now stooping to new lows in distorting information and it is pretty apparent the ballot counting is going to be a joke. Except Lady Justice will be weeping, if not outright puking (HEck, to give an example of how willing they are to sacrifice their own integrity for “a win” in this fight is that we learned today that one Board member is already opening and tallying ALL proxy ballots as they arrive in the mail - - without any one else present!)

NONE OF THE FORGOING MEANS SQUAT LEGALLY (well, possibly the proxy ballot molesting) but, it appears these anti-gun HOA Board Members may have given me an actual legal standing to bring suit in another area (which I won’t disclose to anyone but an atty cuz, again, they are never gonna see me coming with it and I will not risk ANY chance of word ever getting back to them!). Besides, that info is really only of use to whatever atty I hire) and experience has shown me I am now at the point where it is more than appropriate to consult with at least 3 attys specializing in N.C. HOA statute litigation and get my options!

It is my additional hope that an atty truly expert in this area of law will likely discover more actionable issues...

Anyway, I require an atty who is ALREADY very, VERY experienced in litigating the N.C. HOA statute - are there any attys here in the Boards who can recommend any particular lawyers or firms?

Thanks in advance - the clock is ticking against me!
 
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Maybe you live in a unique area but it seems unlikely that you have room in a 320 homeowners association to discharge firearms within the law or hunt within NCWRC guidelines and using safe practices. As I recall, the law in NC is 400 yards from the nearest home, so 33 acre lots.

Just pointing put stuff and making assumptions that are all probably wrong.
 
check your bylaws, it may take a quorum to make an amendment to the existing covenants. but even if they do change them, they are NOT the covenants you agreed to when you bought your property (hence you may be grandfathered). good luck
 
Maybe you live in a unique area but it seems unlikely that you have room in a 320 homeowners association to discharge firearms within the law or hunt within NCWRC guidelines and using safe practices. As I recall, the law in NC is 400 yards from the nearest home, so 33 acre lots.

Just pointing put stuff and making assumptions that are all probably wrong.

I believe you are correct about having room to legitimately hunt.

I know in my neighborhood, every time a firecracker gets lit the neighborhood social media page lights up with people wanting to know if anyone else heard the gunshots. Being from New York, they know what gunshots sound like! ;)

I could see rabid anti 2A HOA tyrants being ignorant enough about the facts that they would pull some crap like the OP described.
 
I believe you are correct about having room to legitimately hunt.

I know in my neighborhood, every time a firecracker gets lit the neighborhood social media page lights up with people wanting to know if anyone else heard the gunshots. Being from New York, they know what gunshots sound like! ;)

I could see rabid anti 2A HOA tyrants being ignorant enough about the facts that they would pull some crap like the OP described.

This is nothing more than “Bloomturds Billions” at work - it is nothing more than a symbolic smack down attempt at the 2A and a “first step” on their part, trust me - “incrementalism” is their MO and we lot owners were not even aware until last week the most rabid of them tried forcing this to a vote effecting the whole Town and were summarily shut down!

The lots in question ARE unique AND I SHOULD HAVE ADDED (I have just edited OP):

Our town ordnance very clearly PERMITS
property owners to shoot on their own property in accordance with N.C. law (or property of another, with written permission) with several common sense stipulations (some form of berm, nothing in line of fire, path of projectile, etc.)
 
What town are you in?
 
HOA can stipulate any and all bylaws, rules and regulations since you gave up your rights when you signed their document. If the Bylaws say "no discharge of firearms" then so be it. If the Bylaws say your house can only be painted a certain color then by golly it had better be that color. If they pass the new rules pertaining to firearms by hook and crook then you will have to hire an attorney and spend mega bucks. Even if you win you lose. If you win and get reimbursed for legal expenses the HOA will simply take that amount and assess all of the property owners, including you, to pay for it. And then everyone will hate you for taking their money. If your house catches on fire your neighbors will write a letter to 911 instead of calling them. :D
 
Maybe you live in a unique area but it seems unlikely that you have room in a 320 homeowners association to discharge firearms within the law or hunt within NCWRC guidelines and using safe practices. As I recall, the law in NC is 400 yards from the nearest home, so 33 acre lots.

Just pointing put stuff and making assumptions that are all probably wrong.
Doing what 400 yards from the nearest home? Hunting or discharge of a firearm? I dont think there is a state wide law that says either. Closest i can think of is the 500 yards from a home for firearm hunting on Sundays.
 
Does the HOA have a good attorney? If so that should be your first visit. If you consult with them, they won't be able to represent the HOA against you.
Dirty but effective.

Ummmmmm......if the atty in question is the HOA's atty, that atty wouldn't take the consult.
 
HOA can stipulate any and all bylaws, rules and regulations since you gave up your rights when you signed their document. If the Bylaws say "no discharge of firearms" then so be it. If the Bylaws say your house can only be painted a certain color then by golly it had better be that color. If they pass the new rules pertaining to firearms by hook and crook then you will have to hire an attorney and spend mega bucks. Even if you win you lose. If you win and get reimbursed for legal expenses the HOA will simply take that amount and assess all of the property owners, including you, to pay for it. And then everyone will hate you for taking their money. If your house catches on fire your neighbors will write a letter to 911 instead of calling them. :D
Yeah. No. The vast majority of my neighbors are “all in” on our efforts, I’m just leading the charge. But, you still make some valid points. Our closest neighbors here are so far away they could have their own fire trucks and it likely wouldn’t matter but, I get your drift. :D
 
I hope you and your neighbors the best of luck. HOA's are the devils invention. A good way to fight them is to "join" them and get on their Board of Officers. It's usually the same crowd that you find everywhere. That small crowd of assholes that like to get in everyone's business. And most are there for life since few have the time or inclination to serve. But if you get a few pro-gun/hunting people on the board you can usually lance these small boils of pus before they get inflamed. :D

I assume you have started a petition? That's usually a good way to get things started. Make them sign on the dotted line.

I "volunteered" to serve on a small HOA many years ago and now I pick and chose who I want to serve. When I want a change I simply send out an email describing the change with the stipulation that a "no reply" is a yes vote. :cool:
 
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Does the HOA have a good attorney? If so that should be your first visit. If you consult with them, they won't be able to represent the HOA against you.
Dirty but effective.
This ^^^^. I had it done to me. Boy will it make someone mad especially if they pay a yearly retainer.
 
Doing what 400 yards from the nearest home? Hunting or discharge of a firearm? I dont think there is a state wide law that says either. Closest i can think of is the 500 yards from a home for firearm hunting on Sundays.
I was thinking discharge a firearm, but I think you’re right, those are county and municipal statutes, not state. Moot in this case because there is apparently more than sufficient space in the OP’s “neighborhood.”
 
What we require of you is an update to the results of this.

Which we will understand may be some time in coming, because periodic updates here may be posting things in a public forum you may not yet want available to the opposition.
 
I have never seen a NC General Stature limiting the shooting distance. Local laws are common though. In Carteret it is 400 feet and "hunting" is excluded, except for the Safe Hunter Law which 500 yards and deals with duck blinds. Every county, municipality, and even HOA's have their own crazy rules and regulations.
 
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Update: The antis ... got ... SHUT DOWN!

I was told roughly between 15 and 20 people will show up in person for an Annual Meeting and there were easily 60 or more people in the room!!! Easily.

Thankfully, no attorney required (...yet! :-\

And a good handful, not all, the lots are 8, 10 and 12 acres. Then there are considerable 5-acre etc. One neighbor has 12 wooded, ravine-pocked acres AND written permission from his vacant 10-12 acre neighbors on either side of his property so, while the vast majority of lots are 1.5-3 acres he has well over 30 acres on which to hunt and target shoot, ENTIRELY SAFELY.

Saturday October 5, 2019 was a very, very sweet day for my wife and I and scores and scores of our fellow lot owners and neighbors. (Til next time .... :-\
 
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