BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — A reminder as July 4th approaches: while Florida law permits personal use of fireworks on several holidays during the year, your homeowners association may not. And when it comes to HOA rules vs. Florida law, HOAs win in the state. You can be fined and sanctioned for violating your HOAs rules.
In what seems to come as a surprise that we report each year, HOAs have near absolute authority within the gates of a community. Many homeowner associations in Palm Beach County prohibit the use of fireworks all year, regardless of Florida statutes. When it comes to rules and regulations, HOAs prevail. If a board of directors says the fireworks are prohibited, they are prohibited — and the HOA has full authority to follow its fining schedule for violators. A failure to pay a fine can lead to foreclosure.
BocaNewsNow.com has learned that several associations in South Palm Beach County have already alerted homeowners that using fireworks this year may result in significant fines or even sanctions that include a suspension of rights and privileges within the community. HOAs also have the authority to request that police issue “trespass” citations to anyone who refuses to comply with rules in effect.
The Palm Beach County Sheriff’s Office Tuesday reminds that shooting a gun to celebrate July 4th is illegal and will lead to arrest.
The Florida state legislature passed a law a year or so ago that states HOA Rules and Regulations are no longer part of the governing documents of an HOA and basically cannot be enforced. Only those laws and regulations outlined in the Covenants (CCR’s) of the HOA are enforceable. This should be clarified for readers as I assume this state law is still in effect.
HOA’s continue to have the legal ability and responsibility to enforce their rules, whether part of governing documents or a separate “document.”
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