Deed Restrictions

[red-beard]

Our HOA keeps telling us that we have a ban of fireworks in the neighborhood. I've searched the restrictions and couldn't find the ban. I checked with the management company, and this is the paragraph she says restricts fireworks:

The prohibition of fireworks comes under the umbrella of the following deed restriction:



"No noxious or offensive trade or activity (including child day-care and garage sales) shall be carried on upon any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood." -- Article V, Section 1, paragraph i



The setting off of fireworks is considered a hazardous activity, therefore “noxious & offensive,” –hence, the use of fireworks anywhere on the Property is prohibited.

This explanation seems like a stretch. OTOH, this paragraph is pretty vague in my opinion.

Thoughts? Any Lawyers want to voice an opinion?

[nota]

I find HOA to be very noxious and offensive
and would never think of buy a property in any such restricted area
and I wonder how much their BS effects home values

[Jim Richards]

Tell them you'll go along with the ban if they vigorously enforce a ban any/all farting within the community. Pooping must be banned, as well. And no use of cleaning agents.

[bivenator]

I would think that an activity legal in the county (Harris) would be legal in your subdivision. The wording here is very vague and could encompass any activity the mullahs deems "noxious". The burn ban in effect will probably kill the good fireworks this year. Sales of arials are prohibited now I believe.

[red-beard]

With the seriously dry conditions, I wouldn't consider fireworks this year. But we were sent a message today reminding us that fireworks are not allowed in the neighborhood. I've read our deed restrictions, and I didn't find fireworks banned. And using this language as the means, seem a stretch. That statement could be used for anything, since there are no definitions for the items.

And we need something like a 2/3rds majority of the association to make changes, so I expect that if I can kill this, we're going to have to allow fireworks.

I have no problem cleaning up afterwards.

[Gogar]

The wording is vague on purpose, that's for sure.

[Porsche-O-Phile]

Originally Posted by nota

I find HOA to be very noxious and offensive
and would never think of buy a property in any such restricted area
and I wonder how much their BS effects home values

That was my first thought. I'd tell them to shove off and go pound sand.

Mark my words, I will never, ever, EVER own property in an HOA neighborhood. No way on earth.