Question:
Members of the Cumberland HOA, located in Caldwell, Idaho, wish to amend our CC&Rs to restrict the use of fireworks, specifically illegal fireworks, and access a fine if the restriction is broken, at any time, including designated holidays for all 365 days of the year. We are experiencing problems with a few neighbors ignoring state law and using air canons to launch illegal fireworks anytime they wish. While there is a law in Idaho banning the use of illegal fireworks, Canyon County Sheriff and Caldwell Police will not respond to calls for assistance on designated holidays. Other times of the year, these few neighbors fire an air canon of fireworks and then retreat into their homes before police/sheriff can arrive. As neighbors, we want to know if there is any Idaho HOA law/rule that would restrict us from banning the use of illegal fireworks in our development. Thank you for taking the time to respond.
– Cher
Answer:
Hi Cher,
Since illegal fireworks are illegal, your HOA can definitely ban them from your development. Moreover, Idaho law already bans the use of illegal fireworks, so your HOA’s amendment can act as a support of sorts. Charging a fine for violating this new rule will also help discourage residents from using illegal fireworks.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
