July 4th fireworks concerns.

Hello All,

The president of our association is on a mission to clamp down on illegal fireworks usage this July 4th. Last year he sent an email to owners reminding them of the state law, and even confronted some on the 4th, but with little positive results. He also tried calling the sheriff's office, but they said they were too busy to respond unless there were injuries or property damage. He suspects a rocket burned a hole in his pool screen enclosure, but is not sure. He is also concerned about the noise and mess.

My understanding of Florida law is that firecrackers and other non-launching stuff is allowed. Rockets that launch are not, but are widely sold. The stands have the buyers sign a waiver that they are using them for permitted agricultural or industrial uses.

Prez has called a board meeting to discuss this and is suggesting hiring an off-duty deputy for around $125-150 (this would be through the local Sheriff's office). I'm generally not in favor of the HOA becoming the neighborhood police, but am interested in hearing thoughts either way. I'm also reaching out to an acquaintance who is a local sheriff's deputy to see what he thinks.

As far as budget, "contingency" would be one option.
The CCRs are pretty open as to what the HOA can spend money on. An excerpt:
"Dues levied by the association are to be used exclusively for purpose of promoting the health, safety, recreation, and welfare of the residents, and in particular for the improvement and maintenance of the common area and any easement in favor of the association, including but not limited to the cost of taxes, insurance, equipment, labor, materials, management, maintenance and supervision thereof, as well as such other purposes are permissible of, and undertaken by, the association."

Sorry, but this post seems kind of pointless. Note that nobody on the board, including myself, encourages fireworks use. Every year we have some owners who shoot off fireworks. The question is whether the HOA can or should do something about it.

Douglas,

Since your association is not sponsoring an event on 4th of July I see no obligation to hire security guards. Even if the guards are off-duty deputies, the HOA would become liable for any injuries. This would establish a bad precedent.

I would respond to the president that he, like any other homeowner, is welcome to hire all the security guards he wishes at his own expense.

? Is celebrating the birth of our nation a nuisance ?

? Which of the Covenants prohibits said celebration ?

The HOA needs to MYOB, which is MAINTENANCE of commonly owned property.

There are some things that the HOA should not get involved in. Loud party bothering the neighbors? This is a police matter. Fireworks on July 4 especially when everyone in and out of the HOA is shooting them off? Police matter as well. The HOA is not law enforcement. Good luck ever getting the police to do anything but make sure everyone is safe. There are too many places selling fireworks and too many people using them for the police to do anything else.

Fireworks are a huge problem on July 4th in Florida. They are sold everywhere, on every corner for the weeks before the holiday. Everyone shoots them off, they do not seem to be aware of the dangers. One year it was so much that the smoke got incredibly thick and we could barely see the house across the street, and this is the way it was all over town. I have a neighbor who really puts on quite a display, he must spend a thousand dollars or more on them. He usually goes in his back yard, which abuts a street where there is a little stream across the street. But the fireworks do not always go in that direction. I do not know what other people do, how do they keep from burning down their own houses? It is definitely a problem here.

Refer to the state fire marshal's website.In Florida, it is legal to purchase small things like sparklers, noise makers. However, in order to purchase the larger pyrotechnics, the purchaser has to sign something saying that the fireworks are for agricultural purposes.

It would be interesting to see if your Board President will even be able to hire an off-duty deputy given that on the 4th of July, a lot of deputies may likely already be working an extra shift. It probably will cause some animosity for homeowners if the Board hires a deputy to patrol the community for the sole purpose of writing tickets.

It will also probably be an annual issue because I doubt that the state will ever clamp down on the sale of fireworks.

Just a guess but I would think that Fourth of July is one of those all-hands-on-deck days when no deputies get time off because there is no shortage of rowdiness. Finding an off-duty deputy to work as a security guard might be more difficult than normal and might even command a premium price. Or maybe you get one of those reserve officers who cannot remember which one is the taser and which one is the pistol until he pulls the trigger.