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"Making Spirits Bright" - A Guide for Community Associations on Holiday Decorations

The holiday season is upon us.  Holiday lights and decorations now adorn both the inside and outside of residents’ homes. Perhaps now more than ever, homeowners yearn for a festive atmosphere to brighten their spirits and to assist in spreading joy to their family and neighbors. Associations are also putting up holiday decorations in their common areas - lobbies, libraries, etc. Simultaneously, Association boards are raising questions regarding rules and regulations for holiday displays. Why would associations want to regulate holiday decorations? Does the Board have the authority to regulate a homeowner’s exterior holiday display? What should be taken into consideration when developing and enforcing these regulations? How can owners and associations bring observance to the holidays while keeping the community safe, clean and harmonious? 

Why regulate?

While holiday decorations are intended to radiate cheer and goodwill, some tend to be ostentatious, noisy, or even pose a safety hazard to the neighbors in the community. For instance, it is not uncommon for police to receive 911 calls from disturbed neighbors during Halloween due to overly violent or gory displays. According to the National Fire Protection Association, the most calls for fires ignited by candles occur during the holidays season.[1] While there are local ordinances and regulations in many cities and counties that assist in controlling excessive lights and noise, use of open-flame or flammable devices in public areas, most annoyed homeowners prefer to rely on their own their associations to deal with the issue.

Is there authority?

The authority for Associations to regulate holiday decorations, if any, should be based on the governing documents.  It is important to note that while most covenants, codes and restrictions (CC&R) in the governing documents set up rules such as restrictions on number of pets or exterior paint colors, not all have specific rules regulating holiday decorations and display.  Some associations have established architectural review committees and rules pertaining to architectural control that provide aesthetic guidelines for homeowners, but not all.  Even for those that do, the guidelines may not cover every esthetic for exterior display, especially for holiday purposes.    
In addition, Associations’ bylaws typically preclude homeowners from creating an environment that would prevent other homeowners from using and enjoying their own property. That said, it would be helpful for community associations to set up rules that provide clear and specific guidelines for homeowners to follow when setting up holiday decorations and display.

What to consider
 

• Decide the need: Engage with board members and other residents to decide whether the community will benefit from regulations on holiday decorations.
• Consult with an attorney: Communicate with the Associations’ legal counsel and review the Associations governing documents regarding its authority in regulating holiday decorations.  Make sure the Board is following proper procedures in setting up the rules and effectively communicating the rules to the homeowners.
• Set clear and reasonable rules: Provide specific rules such as (1) reasonable hours for lit holiday displays; (2) a reasonable timeframe during which to set up and remove holiday decorations; (3) size, location and boundaries of the display; (4) maximum decibel level and duration of noise that is allowed; (5) restrictions on hazardous decoration such as candles or fire pits to prevent harm to owners or the community at large.
• Encourage communication first: When the Board receives complaints regarding holiday decorations, provide communication channels and encourage residents to resolve their issues with one another quickly and amicably.  This will help prevent unnecessary tension from arising and promote better understanding and inclusiveness in the community.
• Ensure enforceability of the rules: Consult with the Associations’ legal counsel and provide proper procedure (1) for homeowners to report complaints or request a meeting with the Board, (2) for board members to schedule inspections, and (3) for the Association to levy fines on violation of the rules.

How to avoid trouble

If the Association decides to set up rules regulating holiday decorations and displays, the most important thing to keep in mind is to avoid discrimination claims under the Fair Housing Act. The Fair Housing Act prohibits housing providers from treating renters or homeowners differently because of their religion.[2] This means that none of the rules should show preference to one religion or holiday over another.  The guidelines should be carefully crafted in a way to avoid leaning into any religiously offensive of preferential verbiage. For example, it is easy to get into trouble if the rule says a homeowner can put up “Christmas lights” instead of “holiday lights” without mentioning lights for other religious or cultural celebrations such as Diwali, Kwanzaa, Hanukkah or the Lunar New Year.

“Making Spirits Bright” with guidelines

Overall, holiday decorations and displays are essential in “making spirits bright” during the holiday season.  By establishing clear and reasonable guidelines for holiday decorations, the Association can ensure the community maintains a safe and harmonious environment. We hope this article assists with providing guidance on the issue. If you have any additional questions, do not hesitate to contact us.