HOA prevents homeowner from starting gun business

A man in Pflugerville said his homeowners association is unfairly targeting him. It has nothing to do with an un-kept yard.

The homeowners association calls it a safety issue.

Andrew Clements lives in the Falcon Pointe subdivision. He wants to start a new Internet business based out of his home. Clements would like to sell hunting rifles and firearms to hunters and law enforcement.

Clements said there would be no customers walking in or out of his house and no business signs posted outside. He would make deals selling the weapons online, but Clements said he may store some guns at his house.

“I’m just an entrepreneur, ” Clements said. “Wanted to do something that I enjoyed which involved hunting, firearms supplies.”

Clements claims he received approval from the agencies that regulate the sale of firearms, but his homeowners association found out about his business plan.
“As soon as they got wind that firearms were involved, they just totally, in my opinion, freaked out,” Clements said.

A lawyer who represents Falcon Pointe Association sent a statement to KEYE which said, “The Association enacted a prohibition against operating a home based firearms sales business and did so in the best interest of the residents in the neighborhood.”

Neighbors said they did not receive any heads-up about the amendment to the existing rule on home-based businesses.

“I pay dues. I expect somebody to tell me something when you change something that major,” neighbor Wayne Williamson said.

Clements plans to fight it.

“I consider it unconstitutional by the state level and at a federal level,” Clements said. “To me, it’s like them saying you can’t worship how you want or you can’t speak how you want.”

The homeowners association said it stands by its decision.

There’s no current regulation of homeowners association in Texas but that could change when state lawmakers meet next year.


Wow, this is going too far… Enacting a rule to target a specific individual’s business? Especially when he states that there wouldn’t be customers or business at the house. So that leaves storing guns at the house. How is that any different than any other person storing firearms at their house?