Fireworks

Started by AdenaS • 5 replies • 2778 views

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AdenaS (South Carolina)
Posts: 8

Posted:

SC is a state in which almost all consumer fireworks are legal. The current Bylaws and CC&Rs of the community make no mention of the use of fireworks. The Board recently posted signs at both entrances of the community forbidding the use of Fireworks and further state that those in violation will be prosecuted. These signs went up without review by an attorney and without a change to the Bylaws and/or CC&Rs, are they still able to enforce a rule that is not noted in the governing documents and override our State rights?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Adena,

Typically, the Board does have a right to make rules regarding the common areas and general behavior (nuisance, etc.). The authority to make those rules are usually within your governing documents. Some States also have this in their HOA/Condo laws.

The Covenants I have seen all seem to have some sort of language that says activity on a lot that creates a nuisance is not allowed. The board is typically the deciding factor on what is determined a nuisance.

Therefore, without reading your governing documents or laws, my layman's opinion would be that the Board would have the right to prohibit the use of fireworks within the development. Using fireworks on the common area would be a violation of the rule and using fireworks on your lot may be considered as a nuisance.

My suggestion:

Use your fireworks at a local park (unless they are prohibited there).

Tim

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Fireworks typically are legal to own anywhere in the United States. It's the legality of the right to fire them off that is the issue. We can't fire fireworks off in the city. We can fire them in the county. It's more up to the police and NOT the HOA to uphold that rule.

Every 4th someone would shoot fireworks in our HOA. Keep in mind that our neighborhood is only 1/4 mile wide and makes a circle of which 107 houses sit. Not any room to support fireworks firing. Plus it's illegal to fire them in the city which we are in. The biggest area to shoot is by the pool and they would be everywhere in the pool... Not much we could do but call the police...

This reminds me that we have a fireworks stand that is set up in the county. There is a propane tank company that is in the city. They are right next door to eachother in an open field. The day the fireworks store opened...the tanks from the propane tank company miracously moved about 100 yards to the right...LOL..

Former HOA President

AdenaS (South Carolina)
Posts: 8

Posted:

Thanks for the responses so far.

The big problem is our governing documents are a mess. And the Board has found that it is having a difficult time enforcing anything because of their inconsistency in making decisions.

The residents are having a difficult time supporting the decision as the laws of the State allow us to have Fireworks and use them on our Homesites. Residents were not involved in the decision or notified other then the signs that were placed at the entrances of the development.

So I guess the big questions is, will Law Enforcement uphold what is posted on the sign even though there is nothing in the governing documents to back it?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Adena,

What a Law Enforcement officer may or may not do will depend on the local laws, the way the issue is reported, the reaction of people at the scene and the temperament of the individual officer at the time.

Tim

FredS7 (Arizona)
Posts: 927

Posted:

> will Law Enforcement uphold what is posted on the sign

Law enforcement will not enforce HOA rules, whether legitmate or not.

Kudos to you for standing up for your God-given right to use and/or abuse fireworks. Hope you get through the holiday without injury, or at least have enough insurance.

http://www.youtube.com/watch?v=iWZ-8nC2ZsY

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