Searched and couldn't find a similar topic.
Curious for some input from the attorneys on the board...
Every New Year's and 4th of July I get an email from our HOA reminding us that fireworks are outlawed in the CC&Rs and that they can fine people who are found in violation. Forget about the fact that they aren't going to send people around to actually attempt to enforce this rule, nor could they be sure which home is in violation if people are in the street, my question is if they did come around to catch people and could identify which home those people lived in, are they legally allowed to try to enforce it? Here are some facts about where I live:
1. It is not a gated community, and the HOA does not own any of the roads in the neighborhood.
2. Fireworks are not banned where I live
3. There is no burn ban in effect
Seems to me if people shoot them off in their driveways, then maybe it becomes enforceable. But lighting them in the street, where there are no restrictions by the county, means the emails are just empty threats. They couldn't enforce the fireworks clause even if they wanted to.