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HOMEOWNERS have been left divided after an HOA announced that it would be fining residents for participating in a controversial Fourth of July practice.
One resident was openly up and arms, after their HOA, Red Bird Ranch, announced it was banning fireworks ahead of Independence Day.
An HOA has banned fireworks ahead of the Fourth of July[/caption]
Some residents are worried that they could be fined for lighting fireworks[/caption]
The HOA warned residents that they cannot spark fireworks anywhere within the subdivision, or face a hefty fine.
Matthew Martinez, who lived in the Texas neighborhood for years, openly slammed the policy.
“I think saying no fireworks at the amenities and playground makes sense, that’s the HOA property,” Martinez said in a private Facebook group, according to My San Antonio.
“But time and time again, they say that the roads are maintained by Bexar County, so I don’t understand why or how they could threaten to enforce their use on the streets they supposedly don’t maintain.
“We’ve been here for a few years and have really enjoyed the fireworks on New Year’s and Fourth of July, and we’re excited to see the neighborhood come through again.”
Despite Martinez’s worries, other neighbors do not seem too concerned about the fireworks ban.
In Bexar County, it was confirmed that it’s completely legal to light fireworks on the Fourth of July.
One neighbor replied to Martinez, claiming that there are no repercussions to the rule, despite the threats of fines.
“Not sure how long you’ve been here, but this neighborhood doesn’t really care what the HOA says about fireworks,” Chris Phillips replied.
“They send out that e-mail every year, and, every year, this neighborhood is the bullseye of air pollution from fireworks!”
Phillips added that he believes the notice was used to protect the HOA.
“I’m sure this e-mail is a CYA for the HOA to protect against lawsuits in case something bad happens.
“This way they can’t get accused of negligence or in approving negligence.”
The U.S. Sun has reached out to Red Bird Ranch for comment.
What is an HOA?
One in five Americans live in an area with a Homeowners' Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
HOA WOES
Not all homeowners can escape their HOA fines.
Ashley Arguelles, who also lives in Texas, was shocked when she received a fine from her HOA after putting up a memorial for her 2-year-old son.
They claimed that she could not have a banner tied to the front pillar of her yard.
The association demanded that she take it down or she would be hit with $50 fines daily.
“Basically, they said we couldn’t put an extension on the home because that’s altering the outside,” Arguelles said.
“It was tied on, so it was temporary. They were telling us at one point that the sign couldn’t be bigger than basically a piece of paper.”
When she initially reached out to her HOA about the notice, they agreed to waive the fees.
Months later, things changed, noting that the homeowner “didn’t meet” the HOA’s hardship requirements.
“I have spoken with the board regarding the waiving of fines for your account and the request was previously denied,” Spectrum stated in an email obtained by KENS5.
“When I inquired about hardship requirements; it was stated that unless the homeowner has a hardship request involving COVID-19, or hospitalization due to COVID-19, the Board of Directors cannot approve the hardship request,
“The Board of Directors does reserve the authority to deny or approve the requests and they did not confirm their decision. I understand this is not the best resolve, but at this time, I can not work to waive the fees for this account.”
Arguelles was forced to pay a $1,300 fine in order to avoid having a lien put on her house.
However, she is still shocked about why she was not approved.
“I am an HOA-paying homeowner,” Arguelles stated.
“And you can’t give me five minutes to explain to me why you said my son’s loss wasn’t a loss in order to waive the fees. If losing a child isn’t a hardship, then I want to know what is.”
