Condo Media - November 2024 - 16

Asked & Answered
Holiday
Controversy
Decorations in Communities
Decorations in Communities
A controversy regarding holiday decorations
broke out in our community. An owner put out three
large blow-up decorations and several small decorations on the common area in
front of their unit - some on the lawn and some in the bushes. Our documents
don't allow placement of anything in the common area. To some, they are cute,
and to others, they are an eyesore. A complaint was made, and the board asked
the owner to remove them. She refused. What rules should we have around
holiday decorations, and how can we enforce them?
Holiday decorations are often
a sensitive issue, and residents
can feel that their religious
beliefs, their freedom of exGary
M.
Daddario,
Esq., CCAL
A PARTNER IN THE
LAW FIRM MARCUS,
ERRICO, EMMER &
BROOKS, P.C. AND
A FELLOW OF THE
CAI COLLEGE OF
COMMUNITY
ASSOCIATION
LAWYERS (CCAL)
16 CONDOMEDIA November 2024
pression, or both are at stake. Disputes can
result in lawsuits and court decisions. Both
come at great time, eff ort, and expense to all
involved. So, my overarching advice is for
boards to try to avoid having such a dispute
arise (and making every eff ort to resolve it
reasonably if it does).
Dispute avoidance begins with ensuring
that residents have clear and consistent
information and an understanding of
the situation before problems arise.
As a best practice, boards should occasionally
discuss concepts like " common area, "
" limited common area, " and " units " at
community meetings to ensure a general
understanding. This can also be done
through newsletter articles, website
posting, and similar communications.
RULES ADOPTION
AND ENFORCEMENT
Next, boards should formally pass any rule
they wish to adopt. This means undertaking
the rule-making process in compliance with
the governing documents both as to procedure
and substance. In the event of a discrimination
claim, the rule will be analyzed
to determine whether the rule is discriminatory
" on its face " (discrimination exists in
the wording of the rule itself) or discriminatory
in practice (enforcement of the rule
results in discrimination). For these reasons,
I recommend using terminology such as
" holiday decorations " and not making reference
to any specifi c holiday in particular.
In addition, the rule should be worded to
apply to all residents of the community.
Avoid identifying any particular groups in
the community (e.g., children, families) or
varying the rule based on location within
the community (e.g., units bordering Main
Street, units located behind the clubhouse).
The rule should be read to convey a message
of general applicability to all. For example,
" All residents throughout the community... "
A good rule is clear and specifi c enough
to allow residents to comply with it,
as opposed to question it. For example,
a rule should identify the areas where
residents are allowed to have decorations
Condo Media - November 2024

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