Holiday Decorations
Q. I know that you have addressed this issue in the past, but I have a new twist for you. We have several homeowners that have installed their holiday decorations and are now asking permission to keep them up beyond the first of the year as they have family who will be returning from military or government service overseas after January 1. Do you have any suggestions for the policy we need to adopt?
A. This has always been one of those no?win situations. Regardless of how the Board of Directors for your Association resolves this issue, some residents will disagree with the decision. That said, we will try and address the broader issue of decorations as well as your specific question. There are several steps the board should take in developing a reasonable and enforceable policy.
First, it should review the Association's declaration and bylaws to determine what authority it has to set a policy on decorations and what provisions may have been placed in the recorded documents.
Generally, the board has the right to regulate any decorations placed on the common elements or on individual homes. This includes outside lights, seasonal greenery and decorations that play music.
In condominiums, most Associations prohibit residents from attaching lights or individual decorations to the common elements. Improper wiring and dry greenery pose a fire hazard as well as the possibility of creating leaks in some types of siding.
In the case of a homeowners association, the board generally can regulate decorations because they modify home exteriors. Of course, an outright ban would be unreasonable. After reviewing the Bylaws, the board should study past policies adopted by previous boards. If a board has already prohibited decorative lights, your board need only enforce the standing policy rather than adopt another one. Mail a copy of the policy to each owner as a reminder or include it in your newsletter at the appropriate time of year.
Second, the Association might want to take the initiative and decorate the common areas itself. If that is done, remember that some residents might find religious decorations on the common areas objectionable.
As for homeowners associations, the board should allow outside lights and other greenery on homes. They can set limits on the amount of electrical decorations allowed in the interest of safety. For instance, one owner might only want a simple door wreath while another may want to cover a home in lights.
Third, the Association should establish the latest date when decorations may remain; otherwise, Associations might be faced with exterior Christmas lights in the summer. An Association, for example, may allow outside seasonal decorations, including lights, to remain in place from November 1 through mid January; however, electrical decorations may remain operational only until January 2.
In the case of owners who are asking for an exception due to the absence of family while serving overseas, we suggest the following:
· Owners must make a written request to the Association requesting that decorations be allowed to remain in place beyond the Association’s policies. This request should also include the date when the family member is expected to return home, which must occur prior to the end of January. This will allow the Association to monitor which owner’s have a legitimate reason for not removing decorations and which ones simply have not complied with Association policies.
· All live greenery must be removed in accordance with the Association’s policies for safety reasons, but may be replaced with new greenery for a one week period to coincide with the time the family member is returning home.
· All lights and other decorations may remain in place for a period not to exceed seven (7) days after the family member returns home.
For any Association, a policy on decorations should clearly state the penalties for noncompliance. Remember to be reasonable in setting standards in order not ton dampen the spirit of the season and be unable to enforce the rule.
As the winter months approach it is a good idea to do the following as well:
· Check the documents and board policies to determine what areas are required to be cleared by the Association when it snows.
· Check to see if the owners are responsible for cleaning the flues of fireplaces. A dirty chimney can place an entire building at risk. Typically, unit owners are responsible but should be reminded of the risk of failure to maintain chimneys properly.
We wish all of our readers and their families a happy and safe Holiday Season.