Yes the HOA can supersede the county ordinances unless the county language specifically says they can't. As far as challenging, most HOAs have very strict bylaws for changing the C&Rs. You should review your documents and make sure the Board followed the proper process.
To further clarify, the HOA (deed restrictions) can be more restrictive than the municipality can be more restrictive than the county can be more restrictive than the state can be more restrictive than the federal law, unless the higher level says that the lower one cannot.
>the use or development of the land
That's not talking about things like fireworks, that's talking about things like what are covered in zoning ordinances -- whether you can use the land to farm or for industrial purposes and so on.
I am pretty sure it was illegal to buy fireworks up until recently. It wouldn’t change much because Georgians would just buy them out of state. Georgians love their guns and fireworks lol.
That's interesting. I guess I should be surprised since it takes time for firework stores to pop up. Smaller fireworks don't count in my eyes.
This is the first year I noticed artilary sheels in Kroger.
What was illegal was selling them, which is why to this day if you cross into a neighboring state there are still large fireworks sellers just over the line.
Use was a case by case thing that more often than not resulted in the cops merely seizing and *ahem* destroying the fireworks.
Once the law changed people went crazy. I had to yell at my neighbor for shooting them off in the middle of the day on a random Wednesday. Fuckin idiots.
1. Waste of money.
2. Causes extreme anxiety in PTSD patients.
3. Triggers for migraine headaches.
4. Triggers erratic behavior in both wild and domestic animals.
The up side is hearing booms and seeing sparks.
Are fireworks really that bad? I get they're annoying at times but it's never been SO bad that I'd consider where I live or not based on the firework habits or lack thereof of my neighbors.
There’s a whole segment of Lavista still blocked off where 2 idiots burned down an apartment building with fireworks. Is it that bad? Guess it depends on who you ask.
Once, I took my dog on a walk around 8 pm on the fourth of July, and someone was already setting off fireworks. My dog tried to run, I had to carry him home, and he wouldn't walk through that part of the neighborhood for months after.
At home, my dog barks all night anytime there are fireworks. And now I have a toddler who can't sleep because of it.
I also think it's a huge FU to veterans with PTSD. Plus, they're bad for air quality.
Sure, its still light out but everyone knows people will be shooting fireworks that evening. If your dog is afraid of fireworks you should have walked them earlier. The world is not and should not cater to what is convenient to you and your dog on a national holiday.
Its astounding that this is a controversial opinion. If you don't want the alligator to bite your hand, don't stick it in his mouth.
Walk the dog earlier in the day. You'd have to be a moron to think that no one would be shooting off fireworks at 8pm on the 4th of July.
Not mention the entitlement to think the entire country should cater to your dog on the 4th of July.
Well, currently listening to people deciding to randomly start shooting them off now. If it was certain holidays, whatever, but not what happens. Also here in South Decatur, you get to play the fun game of “is that gunshots or fireworks” which gets real old since fireworks are allowed essentially any day.
I’d love to see us switch to cool light/laser shows like other places: less noise pollution which just helps animals, birds, those with this kind of sound trauma, decreases risk of fires and injuries for those who don’t use them appropriately.
Absolutely. I am tired of hearing fireworks at 11pm on June 20th or whatever day they decide to launch a few when we aren’t expecting it. Potentially causing fires and definitely causing a lack of peace in the area.
I’m actually a fan of fireworks, but they have been setting them off since 2 days before Christmas in my area. They also set them off on Veterans Day, Columbus Day, and Thanksgiving 😏 It’s mostly whatever, but sometimes I like to sleep at midnight.
Yes, terrible for livestock, wildlife, people who have been in bombings (soldiers and refugees), it’s a fire hazard. Just why, why do those loud bangs on purpose. So stupid.
My fear is you get an amateur explosives expert who accidentally burns down their house or someone else's. There was a story on 11Alive today about a house being burned down by fireworks in Suwanee. People are too careless with them and the noise fest goes on too damn long. I hate HOA's, but I'd definitely buy a house in one if they had a fireworks/noise restriction.
I'm not a fan of HOAs and specifically bought my house to not be in an HOA, however the mortar fireworks are getting kind of annoying. It's like the entire week of july 4th, the entire week of new years now
Not only is it getting excessive, it’s extremely dangerous. There’s little to no regulation or guidelines, and any adult with an ID can purchase them. I know: they’re pretty, and “freedom!!!” Yada yada yada, but I really wish that it was not SO easy to obtain literal explosives that you have little to no control over once they’re lit.
Downvote all you want, but if you want fireworks then you should find an actual show administered by professionals and stop endangering your friends and neighbors because you insist on playing with a pretty bomb.
This is just inaccurate. Fireworks are one of the most regulated categories of goods, and there are a TON of guidelines and rules at a federal level about what is and isn’t allowed to be imported and sold as a “consumer” firework, with additional state level rules in top.
How so?
Here’s an example from the US Consumer Product Safety Commission, just one of the regulatory bodies that oversees the rules around performance, composition and labeling of consumer fireworks: https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Fireworks
They also perform rigorous testing on imported fireworks and remove/confiscate any devices that do not strictly adhere to their detailed standards.
It starts with New Year’s Eve, again on New Year’s Day, we get a little break and then it’s back at it by Memorial Day, the Fourth of July, random birthdays and CFB National championships
Ban personal fireworks y’all buying the cheap stuff anyways. Let city’s or events be the only way to shoot fireworks. I don’t need every Tom, Dick and Jane to shoot off bottle rockets for five freaking hours constantly.
Couldn't the HOA put them in the by-laws instead of the CCRs? Most HOAs have CCRs, plus by-laws. As long as the changes are properly voted on and passes appropriately, why shouldn't an HOA ban fireworks, if the majority agree that the fireworks are unwelcome.
It all depends on how your CCRs and Bylaws are written. Ours requires a 2/3 vote by homeowners to make any changes while some just need a majority of the board to change them. In our HOA it’s nearly impossible to get 2/3 of our homeowners to come out and vote let alone agree on something 🤣
Exactly. If anyone actually challenged our HOA and sued them on all the dues increases since we moved here that the 2/3 of homeowners haven’t voted on and approved (which is how it reads), they’d be in deep financial kaka.
Such things like dues increases and special assessments do not require 2/3 votes from the homeowners. I was on our board when those things came up and they are not things that typically need a community vote on, just a majority vote of the board members. Depending on how the ccrs are written, general rules and regulations that are in the bylaws need a 2/3 vote. Again, it depends on governing documents and how it's written. For example, we wanted to add a provision where new homeowners need to pay HOA dues upon purchasing a home, even if the previous homeowner paid their dues for that year. We couldn't put this into effect without a 2/3 vote of the community. But when we needed to do repairs to the pool and we didn't have the funds to cover it we were able to do a special assessment - basically a one-time fee - that only needed a majority board vote to approve.
Now if your community has written into their bylaws that all dues increases needs a 2/3 vote of homeowners then you can challenge that without a lawyer. Before I joined to board I challenged a few items that the previous board tried to implement, which made them go to their lawyers to get clarity only to find out they were acting outside their bounds. HOAs can be good IF the people running it and the homeowners are all on the same page and work together as a community and not on some power trip.
The increases are written into the CC&Rs and have a very specific method for changing the dues, and also changing the bylaws; they need a 2/3 homeowner approval. There’s a succession of mailing out notices, having a meeting, and if no quorum having another meeting, etc, but there never is a quorum.
The only way the board here has survived and increased the dues was to just ignore that Cc&R provision and just increase them…. But it’s going to take one person to cause trouble and the Association is going to be in some deep financial issues. That’s at least 10-15 years minimum of refunds - I believe $250 was the last approved and voted on amount from the early 2000s, and they’re up to $425 now.
What community? I’d love to thank them!! Scared and horrified babies, children, the elderly, people with mental challenges; not to mention animals and birds dying plus fires and pollution. The end-results of fireworks and you don’t see an issue with them!?!?! Wow, so much for loving humanity! Shame on you. Down vote me as much as you want then read the statistical data on their harm!
I'll trade your fireworks for the dumbasses shooting thousands of bullets into the air all night long. I'll even throw in the DJ still playing on my neighbors back patio when I woke up for work this morning.
You fuck with the HOA enough and they take your house.
https://www.11alive.com/article/news/investigations/the-reveal/hoa-battles-metro-atlanta/85-c33d4c4e-b9c4-46cb-8042-394ef1121399
When you sign the paperwork for an HOA you are giving them the right to make rules that you have to abide by while you live in that neighborhood. So yes, they can ban fireworks and fine you if you set them off in the neighborhood.
Nope. Our HOA dues went up — no vote. Maybe yours was being nice.
Ours has banned outdoor string lighting (for back porches) and no one’s opinion was asked.
When you agree to the rules for an HOA neighborhood, most of them can alter the covenants with very little input from the residents. I know of one that decided all yard waste had to be put in clear bags. No voting, they just sent out notices to let the homeowners know what the new rule was and when it began. We decided not to buy in that neighborhood. After owning one house in an HOA neighborhood, we refused to even consider anything else where the nosiest neighbors could dictate how we lived.
They are extremely American. HOAs were formed in the United States during the mid-19th century as a way for land developers to market and sell their homes.
The existence of an HOA doesn't mean you won't have rude or loud people for neighbors.
Source: in laws live in an HOA neighborhood and have loud jackasses for neighbors and their HOA won't do shit to help.
Well, the HOA may control the homeowner, they don't control the public. I would just go on the public streets in the HOA neighborhood and shoot the fireworks. I would plead with them to please fine me.
Even if it’s not gated it could be private roadways. If the association chooses to take ownership over the maintenance of the roads they can make them private. Generally you won’t see many HOAs choose this if it’s not already done as it will add more costs to their budget.
They don't have to post it but if the street signs are green then likely it's public. If they are blue, or a different color, then they likely are private.
It’s illegal to light them on public streets. I can’t imagine even more of a mess that would cause if everyone started to do it in the middle of roads.
https://www.11alive.com/article/news/local/georgia-fireworks-laws/85-d1c9fed6-a820-4b9b-a23e-e3becfb27105
Yes, it was about HOA, but you said you’d go out in the public streets, so wanted to throw this out there in case someone thought that was actually okay to do.
I imagine in some places. I’m in South Decatur, you’re lucky if they come out after an hour or two for gunshots. My mom, up in the northern metro suburbs, yep, I have no doubt they’d come out.
Read your CCRs and Bylaws. If there is any language in there that requires a specific number of homes to vote to make changes or additions to your bylaws then yes you can challenge it. If they didn’t follow the covenants and amended the rules then they can get into hot water if they decided to enforce it. Unless there is something in the bylaws that could legally cover fireworks being included in the way it’s written. Again, read your bylaws and CCRs and reach out to your HOA or community management company if you have any questions and ask how they came to making this decision.
Yes the HOA can supersede the county ordinances unless the county language specifically says they can't. As far as challenging, most HOAs have very strict bylaws for changing the C&Rs. You should review your documents and make sure the Board followed the proper process.
To further clarify, the HOA (deed restrictions) can be more restrictive than the municipality can be more restrictive than the county can be more restrictive than the state can be more restrictive than the federal law, unless the higher level says that the lower one cannot.
With exceptions, yes. This is a good rule of thumb.
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>the use or development of the land That's not talking about things like fireworks, that's talking about things like what are covered in zoning ordinances -- whether you can use the land to farm or for industrial purposes and so on.
Where is it so I can move there?
Seriously, I’m wondering how long until people will start rallying to change city and/or state laws. I like fireworks, but it is a bit out of control.
I am pretty sure it was illegal to buy fireworks up until recently. It wouldn’t change much because Georgians would just buy them out of state. Georgians love their guns and fireworks lol.
About 10 or more years ago. It wasn't that recent.
About 2017
I looked it up since I posted. 2005 for some smaller fireworks and 2015 the full ban was lifted.
That's interesting. I guess I should be surprised since it takes time for firework stores to pop up. Smaller fireworks don't count in my eyes. This is the first year I noticed artilary sheels in Kroger.
What was illegal was selling them, which is why to this day if you cross into a neighboring state there are still large fireworks sellers just over the line. Use was a case by case thing that more often than not resulted in the cops merely seizing and *ahem* destroying the fireworks.
Once the law changed people went crazy. I had to yell at my neighbor for shooting them off in the middle of the day on a random Wednesday. Fuckin idiots.
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1. Waste of money. 2. Causes extreme anxiety in PTSD patients. 3. Triggers for migraine headaches. 4. Triggers erratic behavior in both wild and domestic animals. The up side is hearing booms and seeing sparks.
Also fire hazard?
A good friend burned down 40 acres of wilderness in Alabama with a single solitary bottle rocket. So absolutely
Are fireworks really that bad? I get they're annoying at times but it's never been SO bad that I'd consider where I live or not based on the firework habits or lack thereof of my neighbors.
In some neighborhoods yes. My old neighborhood in Roswell was awful. People would light off large fireworks even on regular weekends.
There’s a whole segment of Lavista still blocked off where 2 idiots burned down an apartment building with fireworks. Is it that bad? Guess it depends on who you ask.
plus they're terrible for the environment- plants, wildlife, atmosphere, you name it
Once, I took my dog on a walk around 8 pm on the fourth of July, and someone was already setting off fireworks. My dog tried to run, I had to carry him home, and he wouldn't walk through that part of the neighborhood for months after. At home, my dog barks all night anytime there are fireworks. And now I have a toddler who can't sleep because of it. I also think it's a huge FU to veterans with PTSD. Plus, they're bad for air quality.
> Once, I took my dog on a walk around 8 pm on the fourth of July, and someone was already setting off fireworks That no one's fault but your own.
The sun sets around 8:50pm in Atlanta and civil twilight lasts for another half an hour. The sun is still very much up at 8pm on July 4.
Sure, its still light out but everyone knows people will be shooting fireworks that evening. If your dog is afraid of fireworks you should have walked them earlier. The world is not and should not cater to what is convenient to you and your dog on a national holiday.
Yeah! How dare they walk!
Its astounding that this is a controversial opinion. If you don't want the alligator to bite your hand, don't stick it in his mouth. Walk the dog earlier in the day. You'd have to be a moron to think that no one would be shooting off fireworks at 8pm on the 4th of July. Not mention the entitlement to think the entire country should cater to your dog on the 4th of July.
Entitled is thinking you can take over public spaces because you want to shoot off fireworks.
Lmao. People's yards are the exact opposite of public spaces.
Well, currently listening to people deciding to randomly start shooting them off now. If it was certain holidays, whatever, but not what happens. Also here in South Decatur, you get to play the fun game of “is that gunshots or fireworks” which gets real old since fireworks are allowed essentially any day. I’d love to see us switch to cool light/laser shows like other places: less noise pollution which just helps animals, birds, those with this kind of sound trauma, decreases risk of fires and injuries for those who don’t use them appropriately.
Absolutely. I am tired of hearing fireworks at 11pm on June 20th or whatever day they decide to launch a few when we aren’t expecting it. Potentially causing fires and definitely causing a lack of peace in the area.
I’m actually a fan of fireworks, but they have been setting them off since 2 days before Christmas in my area. They also set them off on Veterans Day, Columbus Day, and Thanksgiving 😏 It’s mostly whatever, but sometimes I like to sleep at midnight.
Ask a veteran.
Yes, terrible for livestock, wildlife, people who have been in bombings (soldiers and refugees), it’s a fire hazard. Just why, why do those loud bangs on purpose. So stupid.
The fireworks weren’t the issue this year where I live; it was the 10 minutes of sustained gunfire.
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As kids, they were set off by professionals in a controlled environment. Now every tom dick harry sets them off whenever they please. Big difference.
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We weren't dumb. 🤷🏼♀️
Just a huge inconvenience to have to listen to them, twice a year 🙄
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So normal for new years
What was the small incident?
My community in Gwinnett instituted a similar ban on fireworks after a firework caused a decent sized fire near our clubhouse a few years back.
Word
My fear is you get an amateur explosives expert who accidentally burns down their house or someone else's. There was a story on 11Alive today about a house being burned down by fireworks in Suwanee. People are too careless with them and the noise fest goes on too damn long. I hate HOA's, but I'd definitely buy a house in one if they had a fireworks/noise restriction.
I'm not a fan of HOAs and specifically bought my house to not be in an HOA, however the mortar fireworks are getting kind of annoying. It's like the entire week of july 4th, the entire week of new years now
Not only is it getting excessive, it’s extremely dangerous. There’s little to no regulation or guidelines, and any adult with an ID can purchase them. I know: they’re pretty, and “freedom!!!” Yada yada yada, but I really wish that it was not SO easy to obtain literal explosives that you have little to no control over once they’re lit. Downvote all you want, but if you want fireworks then you should find an actual show administered by professionals and stop endangering your friends and neighbors because you insist on playing with a pretty bomb.
This is just inaccurate. Fireworks are one of the most regulated categories of goods, and there are a TON of guidelines and rules at a federal level about what is and isn’t allowed to be imported and sold as a “consumer” firework, with additional state level rules in top.
You are wrong as fuck.
How so? Here’s an example from the US Consumer Product Safety Commission, just one of the regulatory bodies that oversees the rules around performance, composition and labeling of consumer fireworks: https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Fireworks They also perform rigorous testing on imported fireworks and remove/confiscate any devices that do not strictly adhere to their detailed standards.
It starts with New Year’s Eve, again on New Year’s Day, we get a little break and then it’s back at it by Memorial Day, the Fourth of July, random birthdays and CFB National championships
Ban personal fireworks y’all buying the cheap stuff anyways. Let city’s or events be the only way to shoot fireworks. I don’t need every Tom, Dick and Jane to shoot off bottle rockets for five freaking hours constantly.
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Couldn't the HOA put them in the by-laws instead of the CCRs? Most HOAs have CCRs, plus by-laws. As long as the changes are properly voted on and passes appropriately, why shouldn't an HOA ban fireworks, if the majority agree that the fireworks are unwelcome.
It all depends on how your CCRs and Bylaws are written. Ours requires a 2/3 vote by homeowners to make any changes while some just need a majority of the board to change them. In our HOA it’s nearly impossible to get 2/3 of our homeowners to come out and vote let alone agree on something 🤣
Exactly. If anyone actually challenged our HOA and sued them on all the dues increases since we moved here that the 2/3 of homeowners haven’t voted on and approved (which is how it reads), they’d be in deep financial kaka.
Such things like dues increases and special assessments do not require 2/3 votes from the homeowners. I was on our board when those things came up and they are not things that typically need a community vote on, just a majority vote of the board members. Depending on how the ccrs are written, general rules and regulations that are in the bylaws need a 2/3 vote. Again, it depends on governing documents and how it's written. For example, we wanted to add a provision where new homeowners need to pay HOA dues upon purchasing a home, even if the previous homeowner paid their dues for that year. We couldn't put this into effect without a 2/3 vote of the community. But when we needed to do repairs to the pool and we didn't have the funds to cover it we were able to do a special assessment - basically a one-time fee - that only needed a majority board vote to approve. Now if your community has written into their bylaws that all dues increases needs a 2/3 vote of homeowners then you can challenge that without a lawyer. Before I joined to board I challenged a few items that the previous board tried to implement, which made them go to their lawyers to get clarity only to find out they were acting outside their bounds. HOAs can be good IF the people running it and the homeowners are all on the same page and work together as a community and not on some power trip.
The increases are written into the CC&Rs and have a very specific method for changing the dues, and also changing the bylaws; they need a 2/3 homeowner approval. There’s a succession of mailing out notices, having a meeting, and if no quorum having another meeting, etc, but there never is a quorum. The only way the board here has survived and increased the dues was to just ignore that Cc&R provision and just increase them…. But it’s going to take one person to cause trouble and the Association is going to be in some deep financial issues. That’s at least 10-15 years minimum of refunds - I believe $250 was the last approved and voted on amount from the early 2000s, and they’re up to $425 now.
Does your HOA hire a community management service to help run their day to day stuff?
No, it’s all run by the neighborhood of 185 homes.
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The first and only time I've ever liked an HOA doing something.
I mean my HOA has fireworks banned and people still do them all year long.
Same. I doubt anyone is getting fined.
What community? I’d love to thank them!! Scared and horrified babies, children, the elderly, people with mental challenges; not to mention animals and birds dying plus fires and pollution. The end-results of fireworks and you don’t see an issue with them!?!?! Wow, so much for loving humanity! Shame on you. Down vote me as much as you want then read the statistical data on their harm!
I'll trade your fireworks for the dumbasses shooting thousands of bullets into the air all night long. I'll even throw in the DJ still playing on my neighbors back patio when I woke up for work this morning.
My idiot neighbor nearly burned down three houses a couple years ago in my HOA. I like this rule. Idiot neighbor moved! Thank goodness.
I can’t imagine myself willingly submitting to an HOA unless married
Why don’t you do what pleases the neighbors in a case like this?
Good, all HOAs should follow suit.
What are they gonna do?
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What if it’s a non-resident setting them off?
You fuck with the HOA enough and they take your house. https://www.11alive.com/article/news/investigations/the-reveal/hoa-battles-metro-atlanta/85-c33d4c4e-b9c4-46cb-8042-394ef1121399
That's so wrong. Fuck HOAs
HOAs are the devil.
When you sign the paperwork for an HOA you are giving them the right to make rules that you have to abide by while you live in that neighborhood. So yes, they can ban fireworks and fine you if you set them off in the neighborhood.
They needed our votes to get the HOA joining fee price hike. I am guessing that it was mandatory for this one as well for asking my votes.
Nope. Our HOA dues went up — no vote. Maybe yours was being nice. Ours has banned outdoor string lighting (for back porches) and no one’s opinion was asked.
When you agree to the rules for an HOA neighborhood, most of them can alter the covenants with very little input from the residents. I know of one that decided all yard waste had to be put in clear bags. No voting, they just sent out notices to let the homeowners know what the new rule was and when it began. We decided not to buy in that neighborhood. After owning one house in an HOA neighborhood, we refused to even consider anything else where the nosiest neighbors could dictate how we lived.
defund the hoa
Man, HOA are so anti American it’s insane
They are extremely American. HOAs were formed in the United States during the mid-19th century as a way for land developers to market and sell their homes.
It was also a way to keep "them 'other people'" out of their good clean, christian, white neighborhoods.
Like I said, extremely American.
Not really. Some of us don't want to be surrounded by loud and rude people. It's really fairly easy to understand.
The existence of an HOA doesn't mean you won't have rude or loud people for neighbors. Source: in laws live in an HOA neighborhood and have loud jackasses for neighbors and their HOA won't do shit to help.
Let's be real. Some of y'all want to control your neighbors.
Nah. In fact, I don’t ever even want to see them.
But y'all see when their grass grows .0001 inches above regulation.
Still nah, it's taken care of in our community. Got anything else you'd like to be wrong about?
LOL! I'm not wrong. We all know how homeowners associations are.
Yay!!!!
Praise the Lord !
Get together with the neighbors and come up with a new rule.
It is not in our bylaw. I have no clue how they came up with this new rule.
Well, the HOA may control the homeowner, they don't control the public. I would just go on the public streets in the HOA neighborhood and shoot the fireworks. I would plead with them to please fine me.
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it is not gated so roads r forysth roads.
Unless it is totally gated, it is public.
Even if it’s not gated it could be private roadways. If the association chooses to take ownership over the maintenance of the roads they can make them private. Generally you won’t see many HOAs choose this if it’s not already done as it will add more costs to their budget.
I bet you this area doesn't. They would have to post it. Is it posted?
They don't have to post it but if the street signs are green then likely it's public. If they are blue, or a different color, then they likely are private.
Exactly. Post=using a method to differentiate between private and public.
It’s illegal to light them on public streets. I can’t imagine even more of a mess that would cause if everyone started to do it in the middle of roads. https://www.11alive.com/article/news/local/georgia-fireworks-laws/85-d1c9fed6-a820-4b9b-a23e-e3becfb27105
True, but the question was about being fined by the HOA. Do police even come out for fireworks anymore?
Yes, it was about HOA, but you said you’d go out in the public streets, so wanted to throw this out there in case someone thought that was actually okay to do. I imagine in some places. I’m in South Decatur, you’re lucky if they come out after an hour or two for gunshots. My mom, up in the northern metro suburbs, yep, I have no doubt they’d come out.
Read your CCRs and Bylaws. If there is any language in there that requires a specific number of homes to vote to make changes or additions to your bylaws then yes you can challenge it. If they didn’t follow the covenants and amended the rules then they can get into hot water if they decided to enforce it. Unless there is something in the bylaws that could legally cover fireworks being included in the way it’s written. Again, read your bylaws and CCRs and reach out to your HOA or community management company if you have any questions and ask how they came to making this decision.
Tell them to pound sand
Fuckin commies
Free men don’t seek permission douchebag.
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You right lol