Noise and Nuisance Covenants

Reminder to SugarMill HOA Owners/Residents

We have had several phone calls and email inquiries as to whether or not we have Covenants specific to fireworks.  Below we have referenced our Recorded Covenants concerning Nuisance and Noise restrictions as a reminder.

Visit Covenants – Article VI “Use Restrictions” for the full language.

Article VI – Use Restrictions

Section 2 – Nuisances.   Nothing shall be done or maintained on any Unit or Lot which may be or become an annoyance or nuisance to adjacent Owners. Any activity on a Unit or Lot which interferes with television, cable or radio reception on another Lot or in another Unit shall be deemed a nuisance and a prohibited activity.

Section 5 – Noise. Exterior noise, and noise emanating from within Units or other improvements, including without limitation, talking, singing, television, radio, record or tape player or musical instruments, shall be maintained from 11:00 p.m. until 7:30 a.m. at such volume that the noise is not audible beyond the boundaries of the Lot, or outside the boundaries of the Unit, if the Unit is in a condominium, apartment complex or similar attached dwelling from which it originates, and at all times so as not to constitute a nuisance or unreasonable annoyance to neighbors.

According to our attorney, the use of fireworks within our HOA would be a violation.

Another issue brought to mind is that a person cannot launch a firework that lands on someone else’s property without their permission.  Therefore, launching a rocket from your yard becomes a problem if it lands on the common property, or the neighbor’s yard where it would be considered trespassing and could cause damage or injury.  You would be held responsible.

Being a Military Community, we need to consider our combat veterans and the stress exploding fireworks may cause.  We also need to consider how many have beloved pets that possibly would react badly to the commotion.

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