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ElaineI (Georgia)
Posts: 33
Posted:
Good Morning Awesome people..

Does anyone know if in GA can the HOA bylaws supersede the County Ordinance? Example: If the Bylaws say the Quiet hours in the community are 10pm - 8am and the county says the Quiet hours are 11pm - 6am or and here is the big one... Bylaws say no fireworks in the community but the county says you can light fireworks unti 11 pm who is right? There is a growing discussion and I can't find any verbiage stating either way.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA rules can be more restrictive than than the county rules. They still can comply with them as yours do. Just your rules are tighter on the time line.

However it being tighter time line means the HOA enforces the rules versus the county police. They in police territory between 11 to 6.

Former HOA President
ElaineI (Georgia)
Posts: 33
Posted:
Hey Melissa,

Thank you soo much.. What about the fireworks? The reason I ask is becuse we had 2 board members say fireworks in the community are OK to do even though the covenants say:

The display or discharge of firearms and fireworks within
the Community is prohibited; provided, however, that the display of lawful firearms is permitted
by law enforcement officers and also is permitted for the limited purpose of transporting firearms
to or from a Lot. The term "firearms" includes, but is not limited to, "B-B" guns, pellet guns,
archery equipment and firearms of all types, regardless of size. The term "fireworks" shal 1
include, but not be limited to, those items as listed in O.C.G.A. Section 25-10-1, as amended.
ElaineI (Georgia)
Posts: 33
Posted:
Quote:
Posted By MelissaP1 on 07/05/2023 6:59 AM
The HOA rules can be more restrictive than than the county rules. They still can comply with them as yours do. Just your rules are tighter on the time line.

However it being tighter time line means the HOA enforces the rules versus the county police. They in police territory between 11 to 6.

Hey Melissa,

Thank you soo much.. What about the fireworks? The reason I ask is becuse we had 2 board members say fireworks in the community are OK to do even though the covenants say:

The display or discharge of firearms and fireworks within
the Community is prohibited; provided, however, that the display of lawful firearms is permitted
by law enforcement officers and also is permitted for the limited purpose of transporting firearms
to or from a Lot. The term "firearms" includes, but is not limited to, "B-B" guns, pellet guns,
archery equipment and firearms of all types, regardless of size. The term "fireworks" shal 1
include, but not be limited to, those items as listed in O.C.G.A. Section 25-10-1, as amended.

ElleN (Idaho)
Posts: 4,420
Posted:
MelissaP1's first post here is correct.

Inform the two who think fireworks are allowed that the bylaws and CC&Rs are contractual terms. Contracts can be more limiting than the state, city or county law.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I think every HOA in the country is having this issue. It is nearly impossible to enforce fireworks restrictions. Even the police do not in many cases unless other laws are being broken. Not sure how a HOA could enforce anything unless have ability to find. Which has to be on a fining schedule.

The unfortunate situation with fireworks is they are fun until they are not. The people shooting them will ultimately be responsible for any damages they cause.

Best think can hope for is common sense to stop at 10 pm. Otherwise just give dogs some tranquilizers and the cats indoors. It should stop as soon as the fireworks run out.

Former HOA President
TerriS6 (California)
Posts: 3,284
Posted:
Fireworks are banned here (high fire danger) by the County but our president shot them off from his house that is surrounded by dry grass and trees.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MelissaP1 on 07/05/2023 8:20 AM
I think every HOA in the country is having this issue. It is nearly impossible to enforce fireworks restrictions. Even the police do not in many cases unless other laws are being broken. Not sure how a HOA could enforce anything unless have ability to find. Which has to be on a fining schedule.

The unfortunate situation with fireworks is they are fun until they are not. The people shooting them will ultimately be responsible for any damages they cause.

Best think can hope for is common sense to stop at 10 pm. Otherwise just give dogs some tranquilizers and the cats indoors. It should stop as soon as the fireworks run out.

Yup.

My community also has a no fireworks rule - after several years of hearing boom, boom, pow in the middle of the street and seeing remnents of fireworks material all over the lawn, it appears the kids, teens (and several adults) have moved to the parking lot of a warehouse across the street from the community. It looked and sounded like Ukraine last night, but it seems they had the good sense to finally stop around 11:30, although the city-county ordinance says pop them between 8 pm and 10 pm.

Our security officers used to drive around a bit on the holiday and ask people to stop, but the results were mixed, as you can imagine, and with everything else going on around town, the best they can do is ask people to leave the community (if they get caught somewhere else, that's their problem).

Fido and Fluffy aren't the only things that get really spooked by fireworks - the ex-husband of a friend of mine had to stay in the bathroom with headphones because the racket bought him back to his days in Vietnam. I'm sure this also happens with lots of other veterans from other conflicts, so perhaps next year, you can issue a notice to the community saying there ARE people who don't enjoy the holiday the same way. Not to mention there's drought in a lot of places and all it takes is for one wayward firecracker or several to make the area look like the wildfires in California - or Canada.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By ElaineI on 07/05/2023 6:49 AM
Good Morning Awesome people..

Does anyone know if in GA can the HOA bylaws supersede the County Ordinance? Example: If the Bylaws say the Quiet hours in the community are 10pm - 8am and the county says the Quiet hours are 11pm - 6am or and here is the big one... Bylaws say no fireworks in the community but the county says you can light fireworks unti 11 pm who is right? There is a growing discussion and I can't find any verbiage stating either way.

Noise violations from 10pm-11pm will violate HOA rules, so your HOA board would enforce any penalties. At 11pm, it becomes violation of the law and other authorities have jurisdiction.

It's not worth the hassle if it's only July 4th fireworks.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
All I can say is Google "puppy poop fireworks" you will thank me later...

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Interesting - it figures someone would come up with a firework designed as a dog that proceeds to "poop" sparklers and whatnot.

Of course, there was also the blurb about the dangers of puppies chomping on unused fireworks (it can result in gastroenteritis, which can bring vomiting, diarrhea, lethargy, abdominal pain, and salivation.)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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