Every year the same questions come up in community associations. How early may decorations go up? When must they come down? Do lights have to be turned off at night? Is there such a thing as too much? Clear written rules answer these questions before they turn into disputes.
This article is general information and is not legal advice. The association's attorney should be consulted.
Where the Rules Come From
Decoration rules in a Florida association come from the governing documents. The declaration may address decorations directly, or it may give the board the power to adopt reasonable rules for the use of lots, units, and common areas. The documents should be reviewed first to see what authority the board has and what is already written.
When the board adopts or changes a rule about how parcels or units may be used, written notice of the meeting must be mailed, delivered, or electronically transmitted to owners and posted on the property at least 14 days before the meeting, under sections 720.303 and 718.112. A rule adopted in October may need a meeting noticed in September, so the timing should be planned ahead of the season.
What Florida Law Says
Two provisions are especially relevant:
- Fines for decorations left up in an HOA. Under section 720.305(7), regardless of the governing documents, a homeowners association may not levy a fine or impose a suspension for holiday decorations or lights left up longer than the documents allow, unless they remain up for more than 1 week after the association provides written notice of the violation to the owner.
- Religious objects on condominium doors. Under section 718.113(6), a condominium association may not refuse a unit owner's request for a reasonable accommodation to attach a religious object to the mantel or frame of the unit's door, if it is no larger than 3 inches wide, 6 inches high, and 1.5 inches deep.
Any fine for a decoration violation must also follow the usual process, including at least 14 days' written notice and an opportunity for a hearing before an independent committee. That process is covered in
how to properly handle HOA violation notices.
Setting a Display Window
The simplest rule is a display window. Many associations allow seasonal decorations to go up a set number of days before a holiday and require them to come down a set number of days after. The exact number is up to the community, but it should be stated clearly and applied the same way to every holiday. The rule should also make clear that seasonal decorations may not be permanent.
Limiting Hours and Nuisances
Lighting hours can be set to protect neighbors, especially in condominiums where balconies and windows are close together. A common approach is to allow lights from dusk until a set time in the evening. Music, recorded sounds, and flashing lights aimed at neighboring homes can also be limited.
Safety should be addressed as well. Extension cords should not cross sidewalks, decorations should not block exits or walkways, and nothing should be attached to common elements without permission.
A Sample Approach
The following elements are often included in a holiday decoration rule:
- Individual homes and units. Decorations are allowed on the owner's property, may not interfere with a neighbor's use of his or her property, and may not be offensive.
- Timing. Decorations may be displayed no more than a set number of days before and after the holiday.
- Lighting. Lights may be on from dusk until a stated hour.
- Common areas. Decorations in common areas are chosen and installed by the association, often with input from a committee or a resident survey. The display should reflect the community as a whole.
- Enforcement. Owners receive written notice before any enforcement action, and fines follow the statutory notice and hearing process.
Applying the Rules Fairly
Rules should treat all holidays and faiths the same way. A rule that allows one tradition's displays and limits another's invites complaints and possible legal claims. Rules should also be enforced consistently. When the board looks the other way for some owners, later enforcement becomes much harder to defend.
A friendly reminder in the community newsletter before the season begins, with the dates and lighting hours, prevents most problems.
Questions About Your Community's Rules
Rule drafting, notices, and enforcement are handled for the communities managed by Condominium Associates. More on board authority can be found in
the role of the board of directors. To talk about your association's rules,
contact us.
