Regulating Holiday Decorations in HOAs
The following are common questions for HOAs this time of year.
How soon may I decorate for the holidays?
When do my decorations need to be taken down?
Do I have to turn my holiday lights off every night?
Is there such a thing as too many decorations?
What Are the Laws?
When it comes to determining who gets to put up what—and when—at homeowners associations, things have the potential to get complicated; this fact is paramount considering the changing demographics of the United States.
However, it is essential to distinguish between residents who are not a part of an HOA community and those. Residents that are not subject to the associated regulations have a First Amendment Free Speech right to decorate their property how they choose. Even if they pay association dues, many residents are unsure whether they have to follow regulations about holiday decorations.
In this case, it's best to allow everybody or nobody. However, if you allow nobody, then you get resentment. There has to be some balance, and that's where the HOA rules come into play.
A Window of Time for Displays
The most consistent way to regulate holiday displays is to grant owners a window of time to display their decorations. The rule of thumb is two weeks before the holiday's calendar date and two weeks after. The decorations cannot be permanent.
Restricting Time
Another option to consider is restricting the hours during which celebrants can turn on their holiday lights. Otherwise—in the case of shared balconies, for example—displays could become nuisances. Along those same lines, boards may choose to ban sounds, such as music or recordings of "Ho, ho, ho," to be courtesy to residents.
Rules of Thumb
Need help crafting a holiday decorating resolution or updating a current one? Consider some of the following elements:
Common Areas. A committee will survey residents and determine what holidays should be on display in common areas. For example, decorations, such as small white lights on trees and menorahs, will be installed by the association. It should also allow for Santa figures, sleighs, reindeer, and Nativity scenes in common elements.
Individual Properties. Homeowners may install decorations on their property lines. However, holiday lights may only be on from sunset to 10 p.m. The decorations must also not interfere with a neighbor's use of their property and must not be offensive or obscene.
Timing. Display holiday decorations no more than X days before and X days after the actual holiday.
Enforcement. The association will remove items that do not conform to these guidelines.
Contact Us
Unsure what the rules are in your HOA? Don't hesitate to reach out to your HOA manager, board members, or directly contact us.
