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SriniD (Georgia)
Posts: 1
Posted:
Our HOA covenants have banned the use of fireworks in the neighborhood. Georgia passed a law recently that now allows the purchase and use of fireworks in the state.

http://www.gainesvillegalawyer.com/fireworks-legal-in-georgia-georgia-attorney-discusses-new-2015-law/

Question:

Does this new law take precedent over the covenants that set for the association? Specifically can a homeowner now light fireworks in the neighborhood and use the new law as reasoning for why they should be able to light them, or do they still need to abide by the rules that were set forth in the HOA covenants.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Even though The Bill specifies that it is lawful to use fireworks, private property owners (i.e. HOA/COAs, etc.) may still adopt rules to prevent the use within areas under their control.

Therefore, you still need to comply with the governing documents.

Perhaps you can gather support and, in light of this law, have the Association amend their rules on the use of fireworks.

TimB4 (Tennessee)
Posts: 21,059
Posted:
To clarify, since the bill doesn't prohibit Associations from banning the use of fireworks (as other laws have done with political signs, flying the American flag, use of satellite dishes, etc.), Associations are still able to make that determination (if they want to allow or prohibit the use of fireworks) for themselves.
FredS7 (Arizona)
Posts: 927
Posted:
> Does this new law take precedent over the covenants that set for the association?

No. Unless it specifically says so.

Why would you think that?

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