June 2016The night sky may have looked a little brighter over the past year thanks to legislation that now allows for fireworks sales in the state of Georgia. The new law, which went into effect in 2015, not only legalized the sale, purchase and possession of fireworks, it also allowed for their use until midnight on most days during the year, and until two a.m. on certain holidays, such as the Fourth of July and New Year’s. The time restrictions, however, were quickly met with harsh criticism, especially from homeowners who were constantly awakened by fireworks on average weeknights and on the extended-hour holidays, so the Georgia Legislature recently amended the cut-off times to nine p.m. on normal days and to one a.m. on the holidays.

Once fireworks became legal in Georgia, many boards and managers questioned how the new law might affect their associations. For example, would homeowners be allowed to shoot off fireworks despite their community’s governing documents prohibition of this activity? The short answer is no. A community association’s governing documents are allowed to be more restrictive than what the law requires, and many communities already have a use restriction prohibiting the use of fireworks.

If your association’s governing documents do not prohibit the use of fireworks, and homeowners are complaining that the new law has caused a nuisance in the community, consider proposing an amendment to the declaration. In the meantime, remember that mixing a celebration with family, friends and fireworks can dramatically increase the likelihood of personal injury and/or property damage.

Moreover, an association-sponsored fireworks show, presuming there are no restrictions in the community or there is an exception for special events in the governing documents, should only be carried out by well-trained and insured professionals. As alluded to above, fireworks are infamous for causing problems, so associations need to be aware of the potential risks. If your association is unsure of how the new fireworks law might apply, or if you have questions regarding an upcoming holiday event, it is best to consult with your association’s attorney. Remember, fireworks are supposed to be fun, so with careful planning and supervision, an association-sponsored event can be safe and enjoyable for all.