Fireworks Can Be Fun But…
Fireworks can be fun but a new law (Florida Statute s.791.08) recently went into effect that limits the use of fireworks to only on the following holidays:
• New Year’s Day (January 1st)
• Independence Day (July 4th)
• New Year’s Eve (December 31st)
The statute prohibits a homeowners’ association board of directors from instituting rules that attempt to limit a homeowner’s right to use fireworks during a designated holiday or under general law. You may have restrictions addressing fireworks in your recorded Declaration or Amendment thereto, and those may still be enforced as may reasonable rules restricting time, place and manner of using fireworks. Also, your local city may prohibit the use of fireworks, even on the above listed days. Therefore, you will still need to check your local county/city/town regulations to ensure that the use of fireworks is permitted.
The amendment to the Statute only specifically addresses homeowners’ associations, and does not address condominium associations or co-operatives, so it appears those types of community associations can still prohibit the use of fireworks on any day, even the one listed above.
So fireworks can be fun but be sure you are using them properly and enjoy using them carefully and responsibly. Contact Ferrer Law Group if you have any questions.
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