How can HOA Ban Fireworks?

Started by PatE • 7 replies • 6299 views

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PatE (Washington)
Posts: 1

Posted:

My HOA in Washington state wants to ban fireworks. Fireworks are currently legal in the city and county we reside in, so we need a way to ban fireworks in our community. Surely this has been done elsewhere, so we are looking I to how it was successfully done by other HOA's? It would help if the HOA was located I the state of Washington , but any examples regardless of location are welcomed. I will be reporting back to the Board with the results of my research. Your relevant input is greatly appreciated! Thank you all!

JerryD5 (Colorado)
Posts: 218

Posted:

I am in an HOA but our city bans fireworks so it's not an issue. However, I used to live in Hawaii that used to allow fireworks on 4th of July, New Year's Eve and Chinese New Year. But our HOA explicitly stated that setting off fireworks on HOA grounds was strictly prohibited. I do not believe it was in our CC&Rs. Most like it was included in the rules/policies we had to agree to when we bought into the complex. Rules/policies are much easier to change/implement. Typically just a board vote is required. Some HOAs might require a membership notification or vote. We have only had 1 or 2 such policies implemented since I joined our board. We posted on our website for 30 days (for comments) and they went into effect (all according to our by-laws).

One thing to remember: you can always be stricter than local ordinances/laws just not the other way around. That is why some complexes are allowed to ban certain dog breeds (or in your case, fireworks) when the city doesn't have any restrictions.

I was just in Washington St for the 4th of July and everyone seemed to be setting off fireworks in their neighborhoods. It was insane because most people set them off for several days prior and until the wee hours of the 5th of July. The indian nations sure are making a killing on firework sales.

Good luck with your situation.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Adopt a rule that fireworks may not be used in the common area.

If you want to ban fireworks from being used on individual properties, you will likely need to amend the CC&Rs.

MarkM31 (Washington)
Posts: 556

Posted:

Just because fireworks are legal does not mean that the HOA cannot ban them. With the exception of historic areas, it is legal to paint your house any color that you want. But HOAs can still ban shocking pink houses.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MarkM31 on 08/10/2015 8:29 PM
Just because fireworks are legal does not mean that the HOA cannot ban them. With the exception of historic areas, it is legal to paint your house any color that you want. But HOAs can still ban shocking pink houses.

Yes, but that restriction/ban is in the CC&Rs under prior approval needed for exterior changes.
It's not just a rule but a deed restriction (well, a rule based on a deed restriction).

PatJ2 (North Carolina)
Posts: 14

Posted:

Your Board of Directors can amend your Rules & Regulations to ban fireworks. Give the community 30 days to comply. Just remember that because fireworks are legal in your area it would only be a R & R violation and you would have to go through your violation and fining process to enforce. You would not be able to call the police, they do not enforce community R & R's.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Rules and regulations address behavior and activities on common areas.

CC&Rs address behavior and activities on individual property.

CC&Rs and architectural guidelines address what exterior changes will or won't be approved.

Now, since most CC&Rs have a nuisance clause within their CC&Rs, a Board could clarify on what activity the Board considers a nuisance. Just remember to word it properly so it covers all that you want it to.

Such a clarification wouldn't be a rule. It would be a policy resolution.

DuaneR (Washington)
Posts: 35

Posted:

Look at your RCW's regarding fireworks. You can restrict them to private property use only, and call the police if the activity endangers people or their property!

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