During the holidays, residents often decorate their properties with wreathes, lights and/or other seasonal décor. This can be a pleasant way to spread cheer, and it can even add a fun, communal vibe throughout the neighborhood. But what happens when the decorations go too far? Almost inevitably, there is at least one resident that goes overboard, causing management and the board of directors to revisit the association’s guidelines on this specific topic.
Because opinions will vary greatly, many associations have, or should have, objective guidelines that identify appropriate decorations. For example, the guidelines may provide limitations on types and sizes, locations, and hours of operation (i.e. if some of the decorations require power). A community association could also establish a timeframe for how long decorations can be displayed (e.g., thirty-one days before any given holiday to fifteen days after the holiday). Finally, if it is a townhome community or condominium, the association may need to outline where the decorations can be located outside the unit, if anywhere, to avoid the issue of residents placing décor on association property.
Notwithstanding the above, if the association permits holiday decorations, the guidelines should also be as inclusive as possible. In other words, the guidelines should not dictate the specific holidays for which residents are allowed to decorate. Prohibitions or restrictions on specifically named holidays may be considered discriminatory on the basis of religion or ethnicity, which is a clear violation of the Federal Fair Housing Act. The key is to adopt clear, uniform and fair guidelines that are effectively communicated to all residents. This will ensure that everyone in the community is on the same page about what can be displayed.
Lastly, if an association chooses to decorate the common areas, common elements or limited common elements, it should avoid decorating for a particular religious holiday to the exclusion of other religious holidays (e.g., only displaying a nativity scene). The easiest way to avoid this issue is to decorate for the season itself and avoid religious decorations altogether on the association property.
In sum, having proper guidelines that to address holiday décor may not satisfy every resident, but it will hopefully limit conflict and bring about a happy holiday season for the community as a whole.