Fireworks Prohibition by HOA

fireworksA message from the HOA Board and Herriman Management:

REGULATION OF PYROTECHNICS

In the interest of avoiding personal injuries and damages to real property, including damages from fire, the Cherry Hill Village Homeowners Association has not granted, and has no intention to grant, permission to any individual or organization to ignite or discharge fireworks on any common area or
public easement property within Cherry Hill Village. This means that fireworks may not be ignited or discharged in or on Cherry Hill Village parks, streets, sidewalks, alleys or open space. In addition, given that no fireworks may be ignited or discharged within 70 feet of any building, one would be very
hard pressed to find any location within all of Cherry Hill Village where fireworks could be ignited or discharged.

Accordingly, if you observe anyone igniting or discharging fireworks in Cherry Hill Village, we encourage you to call the Canton Township Police Department to register a complaint. The emergency number is 9-1-1. The non-emergency number is 734-394-5400.

The Canton Township Ordinance on fireworks includes the following:
Sec. 46-264. Discharge of novelties, low-impact fireworks and consumer fireworks.
(a) Except in the case of a permit issued by the township under section 46-266, consumer fireworks shall not be ignited, discharged, or used by any person at any time, except on the day preceding, the day of, or the day after a national holiday. On these holiday dates only, the ignition, discharge or use of consumer fireworks is permitted between the hours of 8:00 a.m. and 12:00 a.m. (midnight) only, except the consumer fireworks shall be permitted between the hours of 8:00 a.m. and 1:00 a.m. on New Year’s Eve, and always only in accordance with state and local law.
(b) When permitted, consumer fireworks shall not be ignited or discharged on public property, school property, church property, or property of another person without that organization’s or person’s written permission to use consumer fireworks on the premises.
(c) No fireworks shall be ignited or discharged within 70 feet of any building, or on any public street.
(d) Minors shall be prohibited from possessing, using, igniting or discharging consumer fireworks.
(e) No person shall use low-impact or consumer fireworks while under the influence of alcoholic liquor or a controlled substance or both.
(Ord. of 8-14-2012, § 1; Ord. of 8-13-2013, § 1)

End of Ordinance citation.

Cherry Hill Village is a residential community which we, as co-owners, want to maintain as a safe community. Rules and Regulations are established, pursuant to Article VI (Section 10) of the Condominium Bylaws, to protect the value of our property and provide a safe and pleasant environment. The assistance of all co-owners and residents is essential. Our Rules and Regulations are intended to clarify provisions of the Master Deed and Bylaws to enhance the enjoyment of living in Cherry Hill Village.

Wherever the same matter is also covered in the Master Deed and Bylaws, the Master Deed and Bylaws take precedence over the statements and clarifications contained herein.

Association Rules and Regulations are developed and approved by the Board of Directors and the Board is required by the Condominium Documents to enforce them. All complaints and/or inquiries must be directed in writing to the Board through the Management Company. In addition, rules may be suggested by co-owners, by written communication, to the Board through the Management Company.

FIREWORKS AND PYROTECHNICS
No individual shall sell, store, use or cause to be used fireworks or other pyrotechnics on the premises of the condominium with or without a consumer’s fireworks certificate issued under Michigan PA 256 of 2011.

“Firework” or “fireworks” means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Commercial and consumer fireworks, pyrotechnic articles, display fireworks, and similar special effects are strictly prohibited.

Low-impact fireworks which are defined as ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5, are allowed provided that no audible effect is created.

ASSESSMENT OF FINES
1. The violation by any co-owner, occupant or guest of any of this regulation shall be grounds for assessment of monetary fines by the Board.
2. The procedure to levy fines for such violations include advance written notification of the nature of the violation to the co-owner plus an opportunity to present evidence in defense of the alleged violation at the next Board Meeting. The Association shall give the co-owner written notice of the date, time and location of the meeting.
3. After the above appearance or by default by the co-owner, the Board shall decide, by majority, whether a violation occurred.
4. Although no fine shall be levied for a first violation, continuing or subsequent violations will result in fines of:

  • 1st violation, no fine
  • 2nd violation, $25.00
  • 3rd violation, $50.00
  • Additional violations, $100 each

5. Fines must be paid along with the regular assessment at the first of the month. Failure to pay the fines will subject the co-owner to court action for recovery of such funds plus the cost of the proceeding and reasonable attorney fees. (See Bylaws “Remedies for Default”.)

Policy approved by the Board of Directors: 06-02-14

Distributed to all owners on or about June 26, 2014, by:
Herriman & Associates, Inc., Management Agent for CHVHA
41486 Wilcox Rd.
Plymouth, MI 48170-3104
Phone: 734-459-5440
Email: info@herriman.net
Site Manager: Jeff McDuff; email: jmcduff@herriman.net

See attachment:

Fireworks Prohibition FINAL 06-23-14 (PDF)

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