Fights over festive Christmas decorations are common in cities like Boston. Take a look through the 311 websitewhere residents report non-urgent issues, and you’ll encounter complaints ranging from “illegal religious decorations” (a Christmas decoration hung on a city tree) to “gruesome Halloween decorations right next to an elementary school.” But in a homeowners association, which is technically a private organization that governs a residential community, the holidays can make things a little grinchy.
While these cases are numerous, they typically don’t go to trial, Einhorn said.
“But the threat of being taken to court is likely to be a constant occurrence,” he added. “That’s the typical response: ‘I’m going to sue you.’ Usually it’s because it’s near and dear to people’s hearts. You’re dealing with people’s homes.”
Fights over holiday decor can and will end up in court. In 2017Jeremy and Kristy Morris sued their homeowners association in Idaho, claiming religious discrimination because the HOA prevented them from putting on a Christmas program that featured thousands of lights, costumed characters like Santa Claus and the Grinch, and a live nativity scene with even a camel. The Morrises said neighbors harassed and threatened them over the issue. They won the original case and were awarded damages, but the Morrises were forced to pay the HOA’s legal bills. The court has issued a permanent injunction against future productions of the said Christmas program that violate the rules of the HOA. Seven years later, the issue is still debated.
“The HOA law makes divorce law look friendly,” said Jason G. Mahoneya lawyer and real estate agent in Boston. “Sometimes people can get divorced and still be somewhat mature about it. But in an HOA, it seems like they’re always looking to settle these little scores and grievances from years past, and now they have a chance to get revenge.
One of the most complex aspects of arranging holiday decor within an HOA is that it affects freedom of religion. Remember the Jewish holiday of Sukkota week-long holiday commemorating the Israelites’ hiding in the wilderness. To celebrate, worshipers build a small hut-like structure called a sukkah. Demands for their removal have brought homeowners’ associations to court. That was the case in which Robert and Bonnie Greenberg of New York subsequently sued their HOA refused their request to build one on their balcony. They won and the fines were rescinded.
Many HOAs will simply ban any form of signage to protect themselves from lawsuits. By not specifying what type of signage is involved, whether it is holiday or political, they sidestep any potential issues. However, some interpret this as a violation of the First Amendment, as was the case in Belchertown in 2020, when Margery Jess has filed a lawsuit against her complex after trustees ordered her to remove a “Black Lives Matter” sign she had placed in the garden bed in the common area outside her unit. She won that lawsuit the following January, then Hampshire Superior Court ordered the complex to allow residents to post signs at their units, citing freedom of speech in the state constitution and the fact that residents were allowed to post signs expressing their views in common areas in front of their units, including support for military personnel, frontline medical personnel, and graduating high school students” without rebuke.
“From a legal perspective, it is best not to have awards. Whether it is their decorations, political signs, personal belongings or whatever, it should not be in the common area,” said Einhorn, noting that this upsets many residents who want to be festive during the holidays. “The problem with that is no one wants to do that. But when you open the door to allowing Christmas decorations, someone wants to know why he or she can’t put up a political sign. Then you regulate the content. One side or the other will find it unfair.”
Experts agree that the battles within homeowners associations over holiday decor often stem from unrelated issues. But when two residents already hate each other, every little action adds up, and one man’s refusal to remove the rhinestone-encrusted reindeer from his balcony lands the homeowners’ association in court.
“It’s very, very simple,” says Tim Paoli, owner of IRM Independent Real Estate Management in Boston. ‘One bastard ruins it for everyone. Five to ten percent of every association has the crazy factor. Those are the individuals who ruin it for everyone.”
If you’re wondering what the rules are regarding your building’s furnishings, consult your apartment’s documentation or the building’s handbook, Paoli said. In most cases, the terminology will be deliberately general, eliminating the need to specify whether the rules refer to holiday or political content.
“If you want to go crazy in your house, go crazy in your house. But in the common areas you do not own them. The condominium documents will always state in some capacity, ‘Nothing shall be stored in the common area,’” Paoli explained. “It’s the safest.”
Some management companies may recommend this reporting decor violations, but it is important to keep in mind that you have to live next to these people. If you mention the holiday decor adorning the window, balcony or door of your unit, you may find yourself in a verbal brawl at the next HOA meeting.
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