[WSBARP] Amend condo declaration or amend rules.

[Spencer Stromberg]

Bryce -

I can't imagine the Association doesn't have the power to adopt rules
regulating fireworks in the common areas and, most likely, the units.
Banner fireworks doesn't seem like an impact on "use" in the same way
banning leasing of units is under Shorewood West and related cases. There
are really clear safety, quiet enjoyment, and insurance premium impacts to
setting off fireworks in units and common areas without any clear competing
property rights. I would advise the Board that they likely have the ability
to pass and enforce the rule, although I would also advise them that there
is some risk the rule could be successfully challenged.

Spencer A. W. Stromberg
Attorney at Law

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On Mon, Jul 8, 2019 at 9:54 AM Bryce Dille <Bryce at dillelaw.com> wrote:

> A condo association I represent wants to ban fireworks in the units and
> the common areas the jurisdiction in which the condos are located allows
> limited fireworks. Can the board of the association adopt a rule banning
> the same and then have it approved a majority vote of units owners at a
> meeting or does such an action require an amendment to the declaration. The
> declaration is silent on the subject but does give the Board the authority
> to adopt rules and regulations concerning use and maintenance of the common
> areas. Thanks for your input
>
>
>
> Bryce H. Dille | Attorney at Law
>
> Dille Law, PLLC
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