“My husband and I are both active duty military, live in the San Diego area, and live off base with my mother who I care for so she does not need to be put into a board and care facility. It works for us. My husband drives a rather large military vehicle home often, sometimes overnight. The HOA considers it to be ‘commercial’ and has sent letters to my mother’s attention threatening fines if the vehicle returns. They also state that firearms are not to be ‘stored upon the project’ but we don’t openly carry them. How would you deal with this?”

 

Thank you both for your service. Under SB-222, the HOA cannot prohibit the parking of a military vehicle in the driveway or on the street in front of a service member’s residence if the vehicle is associated with the member’s military service. This includes vehicles that are considered “commercial” by the HOA.

Regarding firearms, the HOA cannot prohibit the storage or possession of a firearm within a member’s private residence or garage. However, the HOA may regulate the display of firearms in common areas, such as the community clubhouse or pool.

In your case, it may be helpful to gather information about the specific regulations and guidelines set forth by the HOA. If you feel that the HOA is in violation of SB-222, you may want to consider reaching out to the manager to discuss your options for addressing the issue and reference SB-222. Suggest that they consult the HOA’s lawyer before answering your inquiry.

Feel free to reach out if you’d like us to work with you to take this to an IDR.