HOA Prohibits Fireworks Without a Vote

Question:

Fireworks are legal in our city.

Our association Board Only voted to outlaw them. Our community is the only one doing this. They blame fire danger when the community across the street is fine with them.

They did not do a community vote like the bylaws require.

– DJ

 

Answer:

Hi DJ,

An HOA can typically prohibit fireworks, especially for safety reasons, even if the city ordinance allows them. However, if your city prohibits HOAs from banning fireworks, then your HOA can’t do so. That being said, a firework restriction should generally be included in the governing documents. An HOA board can amend its CC&Rs through a membership vote, but it can also enact or change an operating rule through a simple resolution, which would only require the board’s approval.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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