The holiday season is here, along with the flashing lights, dancing reindeer and blow-up Santas that are meant to spread good cheer. But in community associations, these adornments may be as unwelcome as a Grinch.
“Shared-ownership communities often restrict decorations and signs, and these restrictions carry over into the holidays,” said Ryan Poliakoff, a Florida attorney and co-author of “New Neighborhoods: The Consumer’s Guide to Condominium, Co-op and HOA Living.”
The restrictions can lead to arguments that make the season less festive, he said.
“Everyone feels strongly that they should be able to celebrate and express themselves during the holidays however they see fit,” he said. “When told they can’t, they see it as an issue of free speech and free religion. What is difficult for people to understand is that the government is not allowed to restrict free speech and free religion. Shared ownership communities are not governments.”
He explained: When people buy into a community, they agree to abide by the governing documents. Such an agreement is a contract, and contracts legally can restrict activities and behaviors.
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“All year round, associations routinely regulate signage, noise levels and exterior paint colors,” he said. “It’s no big news when the board says you can’t put up a string of chili pepper lights on your balcony in the summer. But throw religious freedom and holidays into the mix, and now all of a sudden, people complain, ‘Why won’t you let me celebrate my holiday?'”
Rules and restrictions that address holiday decor vary by association and architecture. A common rule is that decorations can be displayed during a defined period, perhaps from Thanksgiving to Jan. 15. Many associations dictate the size, placement and intensity of decorations, especially those in common areas such as hallways and on limited common elements such as balconies. Some associations allow only small white lights. Others disallow flashing lights. A few associations ban everything.
Although restrictions may seem unnecessary or severe, there may be good reasons for them, said Poliakoff.
“Some of these rules are designed to keep the property looking neat and tidy,” he said. “Some address safety concerns, such as the potential for electrical fires. Many cities have laws that regulate lights that might disturb native wildlife.”
Here are a few suggestions to help associations keep peace on earth this holiday season:
Don’t be too rigid. As with any other rule, boards should be reasonable when making and enforcing holiday rules, said attorney Robert Nesbit of Kovitz Shifrin Nesbit in Buffalo Grove.
“People should be given enough time before and after the holiday to set up, enjoy and then take down whatever it is they have put up,” he said.
Also, the rules should be tailored to deal with any holiday celebration, rather than single out specific holidays or religions, he added.
Poliakoff’s condo association in Hollywood, Fla., officially never permits lights. However, in the spirit of the holiday season, the board passed a resolution that says lighting restrictions will not be enforced between Thanksgiving and New Year’s Day.
Keep religion out of lobby and clubhouse decorations. “When you try to balance all faiths, you’re sure to alienate someone and marginalize someone else,” said Jim Stoller, president of The Building Group management company in Chicago.
Religious displays invite lawsuits if someone feels left out, said insurance broker Karyl Dicker Foray of Rosenthal Bros. in Deerfield.
“Associations need to be aware that if they acknowledge one religion via lobby decorations to acknowledge all religions to avoid discrimination claims, which might be excluded from some directors and officers liability policies,” she said.
Stoller’s advice: “White lights are simple and elegant and don’t reference anything.”
Take your concerns to the board. If a restriction seems especially onerous or unreasonable, write the board a polite letter or speak up at a meeting. Sometimes simply talking about an issue in a rational way can persuade board members to ease up on a rule that initially seemed like a good idea.
If that doesn’t work and the issue is significant, replace the board members, Poliakoff said.
“If people are not happy, it’s within their right to elect board members who follow what the majority of the community wants,” he said.