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Fireworks Within Community Associations Spark Complaints and Liabilities

With the approaching July 4th holiday weekend community associations are on high alert and warning residents of the consequences and potential dangers of violating rules which prohibit setting off fireworks and the like.

Eisinger Law, a law firm that specializes homeowners and condominium association law and represents more than 800 associations throughout the state of Florida, counsels its clients on how to negate liabilities associated with igniting fireworks. Igniting fireworks are not only dangerous and can cause serious injuries, they also pose a significant liability and may increase the rate of insurance to the Association.

Eisinger Law recommends associations be proactive and send out reminders that fireworks will not be tolerated and should never be ignited on association property. Setting off explosives or lighting other flammable devices clearly falls within the prohibited or illegal acts classified in Condominium or Homeowners Association documents.

Residents should know that these types pf dangerous activities can have serious consequences, and a unit owner and their tenants will be held liable for any damage that may be occasioned.

“We routinely receive a barrage of complaints this time of year regarding people setting off fireworks, shooting lasers or flicking sparklers and cigarettes off balconies,” said attorney Carolina Sznajderman Sheir, a partner at Eisinger Law. “Whether the fireworks are ignited in a common area or off a private balcony or backyard, when you live in a condominium or homeowners association, these type of acts are deemed nuisances and can pose a significant safety risk to both property and persons.”

Although a new state law allows exploding fireworks three days a year – July 4, New Year’s Eve and New Year’s Day – fire prevention experts say legality doesn’t mean you’re free from consequences.

Professionals recommend being at least 150 feet away when setting off any type of firework. This is virtually impossible to do in a community living situation, approximately 60% of Floridians currently live in a community association such as a condo or HOA.

Eisinger Law is a multi-practice Florida law firm focused on community association law, real estate law, developer representation, civil/commercial litigation, insurance law, estate planning and probate. ​For more information, visit eisingerlaw.com or call 954-894-8000.