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QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

Can we prohibit the use of and firing off of fireworks in our community even though fireworks are legal in the state?

Answer:

Yes, the board can prohibit the use of fireworks in your community even though fireworks are legal in your state. The board has the power under the by-laws to adopt reasonable rules and regulations to regulate the conduct of homeowners. Even though fireworks may be legal in your state, prohibiting or regulating the use of fireworks within the community in a manner the board determines to be necessary or proper to ensure the health, safety and welfare of its residents would be valid.

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