How To Avoid Christmas In July: Holiday Decoration Rules

With the end of the Holiday season also comes the end of the Holiday decorating season. This means that it is time for owners/members to put away the lights, the inflatable Santa Claus, and the eight plastic reindeer, at least for most owners/members. For the select remainder, taking down Holiday decorations seems to be a difficult task that leaves Associations and Boards wondering “what can we do?”

For those owners who are a little slow to remove holiday decorations from their lawn or other areas, there are a few options for Associations. As a preliminary suggestion: if the offending owner(s) is a neighbor or friend, consider talking to them and asking them politely to remove their holiday decorations. If asking the owner directly is not an option or is unsuccessful, then the Association should consider sending a warning letter. A firm yet civil letter can go a long way in reminding the owner/member to take down their holiday decorations.

If a letter does not persuade them to remove their holiday decorations, then it is time to review the governing documents. In condominium associations, the outer walls, decks, porches, and anything on the exterior of the condominium unit is usually designated as a common area or limited common area. This means that the Association has greater authority to order the removal of decorations because the common areas are under Association control. This does not mean that the Association, the management company, or anyone else should simply remove the offending decorations, rather it means that the Board has more authority to demand that decorations be taken down once the holidays are over.

Homeowners associations present a more difficult problem since the exterior of the homes are owned by the homeowner, not the Association. First, check the governing documents. Some declarations and bylaws have specific rules for holiday decorations. Others have more general restrictions or an outright prohibition on exterior modifications.

If an Association’s documents do not sufficiently provide authority, then the Board should consider adopting a rule in order to remedy the issue for next year if your documents allow you to do so. To implement a rule, usually only a majority of the board members are required to vote on the rule, which then must be distributed to the membership in order to be effective and enforceable.

If your documents only allow for rules and regulations regarding the common areas, then the governing documents must be formally amended by the membership to ensure that holiday decorations are prohibited a certain time before and after certain holidays. (For more information or assistance in implementing a reasonable rule, please contact our office.)

If a rule is in place or decorations are prohibited after a certain time in your documents, you must begin the proper enforcement procedures. Overall, remember to be courteous and kind, you and your neighbors must live together year-round.

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