Yes, the board can prohibit the use of fireworks in your community even though fireworks are legal in your state. The board has the power under the by-laws to adopt reasonable rules and regulations to regulate the conduct of homeowners. Even though fireworks may be legal in your state, prohibiting or regulating the use of fireworks within the community in a manner the board determines to be necessary or proper to ensure the health, safety and welfare of its residents would be valid.
John H. Gettinger, Esq.
Shapiro Gettinger Waldinger & Monteleone, LLP
118 North Bedford Road,
Mount Kisco, New York 10549
Simple answer: yes. Association rules can be stricter than applicable municipal (state or local) law or ordinance, but not less strict. For example, the township may allow fireworks in certain areas or between certain times. The Association may ban them altogether within its boundaries. It is especially helpful when enacting a fireworks ban to get something in writing form the insurance carrier that permitting fireworks in the association’s boundaries may increase the premium (hence a good basis for the ban).
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
The Association may prohibit the use and discharge of fireworks within the community. Members of the community have no inherent right to use and discharge fireworks. A private association is free to prohibit their use in the community.
Consider that the Second Amendment to the U. S. Constitution protects the right to bear arms. That right may be and usually is restricted within private communities. Association restrictions do properly restrict the discharge of firearms within communities. No such constitutional right attaches to the use of fireworks.
Zelmanski, Danner & Fioritto, PLLC
Attorneys at Law
44670 Ann Arbor Road, Suite 170
Plymouth, Michigan 48170
(734) 459-0062 Fax: (734) 459-5313
The use of consumer fireworks is controlled by both state law and, in most places, local ordinances. An association should check those first, to see if the activity is in violation of the law.
Even if the use of fireworks is permitted by law and ordinance, an association, can, by the expressed language if a restrictive covenant, further limit or prohibit the use of consumer fireworks. Assuming that such a covenant is not in your Declaration, you would have to go through the amendment process to impose such a restriction.
Most covenants have a general nuisance provision, but I do not believe that such a provision could be used to prohibit the otherwise legal use of fireworks from an Owner’s property.
Note that the fireworks laws all apply to the use of fireworks on a person’s property or with the consent of the owner. A homeowner cannot use fireworks on Common area property without the consent of the Association.
Thrasher Buschmann & Voelkel, P.C.
151 N Delaware St #1900
Indianapolis, IN 46204
Yes, the Association may prohibit the use of fireworks even though State Law permits the use of certain fireworks. Use of fireworks is not a “fundamental right”. Much as an Association may prohibit purple houses, operating businesses from the home and installing garden gnomes, an Association may prohibit firework use.
Francis J. McGovern, Jr., Esquire
850 Carolier Lane, North Brunswick, N.J. 08902
Phone: 732-246-1221 ● Fax: 732-246-1872
North Brunswick ● Brick Township ● Jersey City ● Brigantine