The winter holidays are upon us, and community association boards receive questions about holiday decorations. Can community associations restrict holiday decorations, and what are some of the considerations?
Enforceability of Restrictions
Generally, restrictions will be enforceable if they are contained in the recorded Master Deed and Condominium Bylaws for condominiums or in the recorded Declaration of Covenants, Conditions and Restrictions for homeowners associations. Restrictions in unrecorded documents, such as Rules & Regulations, may not be enforceable unless the recorded documents specifically authorize them.
Selective Enforcement
When a community association enforces its restrictions, then it must enforce them equally against all co-owners or homeowners. If the association sends notices or levies fines for decoration violations, then it must send notice and levy fines against all co-owners and homeowners similarly in violation. If an association targets only particular displays, then it is selectively enforcing its restrictions, which can create a defense to the enforcement action.
Locations for Display
Even if permitted, co-owners or homeowners and homeowners may display decorations only in their exclusive use areas. For a homeowners association, this will normally be the homeowner’s lot, excepting easements or sidewalk strips. For a detached site condominium, this may be the entire lot, or only an envelope around the home. For an attached condominium, this may be only the porch, patio, or balcony. Co-owners and homeowners may not display decorations in common areas or common elements, such as entrances, clubhouses, parks, medians, or cul-de-sacs.
Display Time and Removal
Governing documents traditionally limited holiday decorations and displays to October through January 15, considering the holidays of Halloween, Thanksgiving, Hanukkah, Christmas, and Epiphany. Depending on the demographics of the community, we recommend flexibility on dates if it is appropriate for the holiday to be celebrated. Examples include when Diwali falls in September and when Lunar New Year falls in February. In such cases it is reasonable to require removal within two weeks following the holiday. However, associations should consider additional flexibility for decorations that have frozen into the ground or onto trees.
Safety and Disposal
Attached condominium projects and any other associations that provide insurance on buildings should strictly observe any fire safety requirements imposed by the insurance underwriters. Candles and incense should be confined to purpose-made, fireproof displays and extinguished when the residents are sleeping or away. Live Christmas trees are also an issue, particularly if decorated with older-style incandescent lights. If permitted, residents must take care to avoid damaging common areas with pine sap and gouged walls. Additionally, some waste removal companies do not allow live trees to be placed in dumpsters or require that they be cut in two before bulk disposal.
Common Area Decorations
Associations that maintain a community display at entrances, parks, or common areas must comply with all municipal restrictions. Displays should be religiously neutral in character. Furthermore, associations should install displays only if they are budgeted items, or social committee funds exist for such expenses.
We Can Help
Are you a director, officer, or manger of a community association, and have questions about holiday decorations or other restrictions? We at Tilchin & Hall, P.C. have many years of experience in these matters, and we are available to advise you regarding administration and enforcement. Please reach out to us at (248) 349-6203 or email us using the form below.
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