Boca Raton, Delray Beach, Boynton Beach. Yes, Your HOA Is More Powerful Than State Law.
BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — A reminder to homeowners who live in Boca Raton, Delray Beach, and Boynton Beach communities with homeowner’s associations. While Florida law permits fireworks on July 4th, your community has the right to ban them. And if you violate the ban, you could face fines, citations, even a potential trespass violation if your HOA calls the police.
In a legal carveout that many find surprising each year, rules imposed by HOA’s carry more weight than the Florida law that permits fireworks on July 4th and other holidays during the year. While it’s okay to shoot off fireworks in public areas, it is not okay to do it in a private community if that private community has issued a ban. HOA bans are enforceable. You agree to an HOA’s rules when you buy property in a community with an HOA.
Among the potential penalties that homeowners associations, property owner associations, and condo associations can impose on owners who violate fireworks or noise bans: fines, a deactivation of entrance bar codes, and a temporary ban on use of facilities and amenities. Local law enforcement could be called by a community’s security force for assistance. Liens can be placed on a home if a fine is issued that isn’t paid.
Florida laws are powerful, but HOAs are often more powerful. Note that historically, HOAs tend to prevail when it comes to violation enforcement. HOA’s and similar owner associations have the authority to place liens on homes with unpaid violations.
