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POLICE REMIND: If Fireworks Banned In Your HOA, They Are Still Banned On July 4th

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BY: STAFF REPORT | BocaNewsNow.com

BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) — The Palm Beach County Sheriff’s Office is reminding Palm Beach County residents that if your homeowners association, country club, property owners association, or other community governing body prohibits fireworks, nothing changes on July 4th.

Florida Governor Ron DeSantis several years ago signed into law the ability to fire-off fireworks on certain holidays, including — of course — July 4th. But that led to confusion, with many believing his signature meant that anyone, anywhere can shoot anything into the sky.

PBSO Thursday issued an advisory clarifying what is and is not permitted to happen. Quite simply: if your community says “no” to fireworks, then you are not allowed to ignite them. While it’s questionable whether police will respond to issue a citation, they can — and that’s key.

This is the key part of the Florida Fireworks Statute:

This chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday. This section is not intended to provide for the comprehensive regulation of fireworks as described in s. 10(5), chapter 2007-67, Laws of Florida, or to supersede any local governmental regulation relating to the use of fireworks as provided in s. 10(5), chapter 2007-67, Laws of Florida.

(3) The Legislature does not intend for the application of this section to supersede any prohibition against the use of fireworks contained within a legally executed and properly recorded declaration of covenants or covenant running with the land of any homeowners’ association pursuant to chapter 720. However, a homeowners’ association, through a board of directors, may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during a designated holiday or under general law.

As BocaNewsNow.com reported several times over the past few weeks, many HOA’s are suing homeowners over unpaid fees, fines, and dues. HOA’s have the right to foreclose on homes where homeowners owe money to the community, regardless of how small the amount may be. Communities that prohibit fireworks can — and often do — assess fines if security guards can determine who set off fireworks.

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