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I’m a huge fan of the Christmas season, and love to see all of the holiday lights and decorations.  However, when my neighbor (whose house is only ten feet from mine) decides to pound nails into his home to hang his Christmas lights at 2:00 a.m. and then leaves those blinking lights on all night long (keeping me awake as they blink through my shades), I find myself turning into a bleary-eyed Scrooge. What happened to my holiday cheer?

As associations go through the holiday season, it might be worthwhile to note what problems arise, to determine if it is time to update the association’s guidelines about holiday decorations.  Do the guidelines specify the length of time that decorations can be placed on the outside of the home? Do they specify the time of day that decorations can be installed? Do they specify the hours that holiday lights can be displayed? Some of these issues would seem to be common sense, but, as exhibited by my neighbor, that is not always the case.

Another issue that may exist for an association relates to where decorations can be placed. If the association maintains the front yards, can owners install holiday decorations in the front yard? If so, are there any limitations to what can be installed? Can owners install holiday lights on landscaping maintained by the association?

Sometimes problems arise with the number of lights and decorations installed on a lot. In one community, an owner put so many lights on his home that it created a constant traffic jam every evening by everyone wanting to view the lights, creating a nuisance for all of the owner’s neighbors. Therefore, do the guidelines specify that the displays will only be allowed so long as they do not become a nuisance for the community?

So, to help keep the holiday cheer in your community, the association may consider whether it needs to adopt any additional guidelines relating to holiday decorations. Once the holidays are passed is a good time to adopt new guidelines and inform the owners so that they can prepare for next year. If you have any questions about the association’s authority to adopt guidelines governing holiday decorations, please feel free to contact Lynn Krupnik at 480-922-9292 or This email address is being protected from spambots. You need JavaScript enabled to view it..

 

The information contained in this Homeowners Association Tip is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel.

 

© Ekmark & Ekmark, L.L.C. 2011 – reprinted at HOA Pulse with permission