Fireworks

Our lawyer previously told the board to not approve fireworks in the neighborhood, but I see other neighborhoods doing it without problem. What are your thoughts?

unless the covenant(s) restrict fireworks

IT IS NOT THE BOD's CONCERN

unless, of course, you wish unauthorized rules to be ARBITRARILLY imposed at their discretion

of course, the BOD should NOT 'approve' any action AT ALL

if the action is not 'covered' by the CCRs - not their concern anyway

if the action IS 'covered' they have no need or authority to 'approve' it

if restricted IT IS RESTRICTED

It is a city law for us not an HOA issue. City restricts it. Our homes are too close together and a huge fire hazaard if we had fireworks. Which people have done in the past. It nearly destoyed our pool and pool filter. They landed there and it was a mess.

I am curious now about how or why this question was ever asked of the attorney? Was there some expectation of a different answer? Did someone really think the attorney would advise, "Yeah, go ahead and shoot off all the flaming airborne explosives you want because there is no risk and no liability?"

Last year a resident asked for approval from the board for a fireworks show, and it was sent to our lawyers. Of coarse it was not approved due to liability issues. I'm just wondering how other neighborhoods are able to do it. Another question. One of the neighbors is going to do some small fireworks. If I show up as the President, will that make the HOA liable?

Personally, I'd leave the fireworks to the professionals....... penalties are too high..

Indiana law states:

A. A person who uses consumer fireworks at any place other than the 3 options listed in 2c or at times other than those listed in 2d,commits a class C infraction that may result in a maximum fine of $500 per infraction. More than 1 infraction in 5 years may constitute a change of a class C misdemeanor, punishable by imprisonment up to 60 days and a maximum fine of $500.

B. A person who recklessly, knowingly, or intentionally uses consumer fireworks and damages someone else’s property commits a class A misdemeanor punishable by imprisonment up to 1 year and a maximum fine of $10,000.

C. A person who recklessly, knowingly, or intentionally uses consumer fireworks and causes serious injury to someone else, commits a class D felony punishable by imprisonment from 6 months to 3 years and a maximum fine of $10,000.

D. A person who recklessly, knowingly, or intentionally uses consumer fireworks that causes death, commits a class C felony punishable by imprisonment from 2 to 8 years and a maximum fine of $10,000.

E. A person less than 18 years of age who possesses or uses a firework when an adult is not present and responsible at the location commits a Class C infraction that may result in a fine of up to $500 per infraction.

If your HOA docs say nothing about fireworks, you can neither forbid, nor approve their use. Stay out of it.

If your HOA specifically forbids fireworks, you are present enjoying them, and someone gets seriously injured or dies, your in for a world of hurt. Is 4 minutes of fireworks worth a lifetime of financial pain?

That's what I was thinking too. I don't think I am able to just take off my president hat for an evening.

That's what I'd do. If you are concerned about liability, take a clipboard and tell nosy people you are looking for potential violations.

Here is the deal as being president or even board member of your HOA. Your going to be be "judged" for everything and anything. Sometimes it is just yourself that may judge. You now represent the HOA the moment you take the job. Whether your at home or at the meetings. That is why I always advise that when you take the job, live and breath it but don't forget to breath. You have to live...

So make your own judgement on how live...