Fireworks in Lake Pointe Equals Fire Danger in the Preserve

 

The Problem

 

            Fireworks are a perennial problem here in Lake Pointe.  Every New Year’s Eve and every Fourth of July, some Lake Pointe residents set off fireworks.  While the displays are entertaining to some, they are a significant hazard, not only to the people setting them off, but also to their neighbors, to the preserve, and to all of our property values.

            Part of Lake Pointe’s appeal is the lovely preserve abutting the development.  The preserve is several hundred acres of land owned and managed by MUD 5 under a permit from the federal government.  Much of the preserve is inaccessible, except on foot.  There is no effective way of fighting a wildfire in the preserve.  Thus, if there is a wildfire in the preserve, much of its natural beauty will be destroyed for years.  If the preserve is ruined, Lake Pointe property values fall, especially for those living nearest the preserve.

            Fireworks are prohibited by section 3.17 of the Lake Pointe Deed Restrictions ("no firearms or fireworks shall be discharged upon the Property . . . .").  Fireworks also constitute a nuisance under section 3.07 of the deed restrictions (“[n]o noise . . . or activity shall be permitted to exist or operate upon any portion of the Property so as to be offensive, disturbing,  . . . [or] unsafe, to any other portion of the Property or to its occupants.”).  Each holiday season many residents complain that the noise of fireworks disturbs them, their children, and their pets.

            The Lake Pointe Homeowners’ Association (HOA) Board asks that residents respect their neighbors, respect the deed restrictions, and respect the preserve and our property values by refraining from setting off fireworks.

 

Enforcement

 

            Many residents want to know what can be done if their neighbors will not respect the rules.  They want the HOA Board to put an end to fireworks and punish offenders.  Members of the Board have reviewed the deed restrictions and Texas law.  We have also gotten the advice of the HOA attorney and property manager.  Enforcement is not simple.

            First of all, although fireworks are prohibited by our deed restrictions, they are not generally illegal.  In fact, as long as we are not under a burn ban, fireworks are legal in all unincorporated parts of Travis County–that is why there can be stands selling fireworks all over the county around New Year’s Eve and the Fourth of July.  Lake Pointe is an unincorporated subdivision in Travis County.  Thus, fireworks are legal here except when there is a burn ban, even though they are prohibited by our deed restrictions.

            Law enforcement in Lake Pointe is provided by the Travis County Sheriff.  The Sheriff does not have the authority to enforce private deed restrictions.  Deed restriction violations are generally addressed by the company we pay to help manage our subdivision, Real Manage.  Real Manage sends notices of deed restriction violations and, where appropriate and allowed, assesses fines.  Real Manage learns of deed restriction violations one of two ways: Lake Pointe homeowners advise Real Manage of violations in the community, or a Real Manage representative discovers the violations during a drive-through.  The board of the Lake Pointe HOA, a group of seven elected unpaid volunteers, is not directly involved in discovering or identifying deed restriction violations.

            Deed restriction violations can only be addressed if we know the name of the homeowner violating the deed restriction.  Thus, it is relatively easy to deal with problems on a particular lot (e.g., unkempt landscaping, unapproved architectural additions) because we have records telling us who owns that lot.  It is much more difficult to deal with behavior prohibited by the deed restrictions such as not cleaning up after pets or setting off fireworks.  If Real Manage is given the name of the homeowner violating the deed restriction, however, Real Manage can take appropriate action allowed by the deed restrictions and Texas law.

            Enforcement options are limited by our deed restrictions and Texas law.  We may assess fines of up to $200 per day of violation, but only after the violators have been identified, given notice of the violation, and violated the restriction again.  Although we have had many complaints about fireworks, not one of those complaints has identified the homeowner setting off the fireworks.  It is impossible to take action under the deed restrictions if we do not know which one of our neighbors is violating the restrictions.

 

The Plan

 

            The HOA Board has adopted the following plan for enforcement of the fireworks prohibition.