The holidays bring out the festive spirit in many of us. For many Associations, the holidays include lights, statues, decorations, and festive adornments on neighborhood properties. However, as we each have our own opinion as to what is tasteful and appropriate holiday decoration, the holiday season can be a time of contention between HOA’s and residents. While some believe that a simple wreath on the door is sufficient, others put great effort into creating elaborate outdoor holiday decorations. Decorations that may be considered tasteful and festive to some may be viewed as an eye-sore or distraction to others. On occasion, traffic problems may occur when holiday sight-seers come to view particularly elaborate holiday decorations while some other homeowners may leave their festive creations up until February or March. This creates issues within the community and can lead to bad blood, Covenant Violations, or even lawsuits.
Some HOAs have attempted to preemptively combat these festive decorations by implementing rules regulating (or even prohibiting) outdoor decorations. While HOAs have the authority to implement reasonable rules regulating outdoor holiday displays, the enforcement of these rules may often be controversial and could chip away at the community’s bonds. As a suggestion from a lawyer that deals with these issues on a regular basis, the Association should simply consider the desires of its residents in regulating holiday decorations. While regulations on holiday decorations may serve a valuable purpose in some Associations, in other Associations, similar regulations may seem overbearing and simply serve to stoke the disdain between residents and the Association administration.
If an Association chooses to implement rules restricting or banning holiday decoration, and such rules should happen to be challenged by an Owner in the Court, the Association must establish that the rules meet the criteria of reasonableness set forth in Hidden Harbour Estates, Inc. v. Norman, 309 So. 2d 180 (Fla. 4th DCA 1975). Specifically, the Association must show that the rules are not arbitrary or capricious but bear some relationship to the health, happiness and enjoyment of life to the residents of the community. If the Association cannot show that the rules further this purpose, then there is a risk that a Court might find the rules unreasonable, and thus, unenforceable. Hopefully for many HOAs, the issue will never come to this. Regardless of whether your hanging wreaths, hanging lights, or sitting at home with family this holiday season, I wish a happy holiday season to all and to all a good night!!!