Homeowners association being sued because resident shot teen

[M-Quigley]

If this lawsuit is successful, it could potentially be a game changer for gun owners who also live in HOA areas, because even if the HOA doesn't currently ban guns, a successful lawsuit could give them the excuse to do it.

https://www.whio.com/news/trending/fami ... TLQEYWIDM/

Authorities said Andrew Lester, 85, shot then-16-year-old Ralph Yarl in the head and arm after the younger man rang his doorbell around 10 p.m. on April 13, 2023. Lester opened fire shortly after opening his door, court records show. At the time, Yarl had confused Lester’s address on NE 115th Street with one on NE 115th Terrace, where he was supposed to pick up his younger siblings.

Yarl’s family accused Lester and his homeowner association, the Highland Acres Homes Association, of carelessness and negligence in a civil lawsuit filed Monday in Clay County, Missouri, KSHB reported.

Here is allegedly the reason for the HOA being sued

They added that Lester’s homeowner association “was aware of or should have been aware of Defendant, Andrew Lester’s, propensity for violence, access to dangerous weapons and racial animus” and failed to take action.

When I tried to find out if it was legal for HOA's to ban gun ownership, I couldn't find a clear cut answer, because the HOA is a private organization and as such makes rules on otherwise legal items in a home.

https://scholarship.law.upenn.edu/cgi/v ... ontext=jcl

https://www.dakotanewsnow.com/2024/01/1 ... -firearms/

https://www.hoamanagement.com/hoa-rules-on-guns/

https://www.avvo.com/legal-answers/how- ... unt-header

[carmen fovozzo]

As we know. HOA are governed by the State.No mention of banning firearms.

[M-Quigley]

As we know. HOA are governed by the State.No mention of banning firearms.

And from one website I saw, HOA's cannot enact rules that go beyond HOA laws, so I assume since guns aren't mentioned they can't be banned within a home. In Ohio at least, since they can't be banned within the home, any lawsuit against an HOA if a homeowner shoots someone shouldn't be able to proceed because the HOA is powerless to prevent any particular homeowner from owning a gun under Ohio law.