Holiday decorations are an easy way for an association to spread some seasonal cheer and add a cozy, communal vibe to the neighborhood. But what was once a practice limited to a couple of lights, ornaments and a menorah or two has migrated toward a decorating empire complete with 10-foot tall blow-up Santas, multi-color lights that pulsate and twinkle, and even moving reindeer and elves, synchronized to holiday music.

While not all associations choose to outfit their buildings with such elaborate décor (or want the supersized energy bill that comes along with it), navigating the community decorating scene can be tricky at times. For condo and HOA residents, potential arguments about religious decorations can make the season a lot less festive.

This holiday, the biggest of them all, tends to create the most fuss among community association residents as childhood memories and religious intentions collide with the “rules.” So before you hang those stockings and plug in those lights, you may want to check house rules and bylaws first.

Decorating 101

Whether it’s with simple lights or elaborate displays, each community differs in the type and quantity of decorations it allows. There are associations that prefer modest touches and others that sponsor full-on decorating contests between neighbors. Regardless of a given community's preferences, guidelines can be found in the governing documents.

“Most buildings and boards have formal decorating policies. It would be very prudent to come up with a policy and apply it in a uniform manner,” says attorney Hubert Cutolo, Esq., a partner with the law firm of Cutolo Mandel LLC in Manalapan, New Jersey. “It’s important because you have to treat all of the members or occupants in a uniform manner. You want to make sure the policy is not discriminatory, and you want guidelines in which to enforce those. If you don’t have a policy, or don't articulate what’s too much or too little in terms of decorations, you’ll obviously run into a lot of issues. A lot of associations will put standard policies in place allowing for a certain number of lights or decorations.”

In order to prevent clutter and overload, some associations may be more restrictive in terms of where seasonal fixings can be placed. Many buildings won’t allow residents to install a nativity scene in front of their door because it can create a trip-and-fall hazard for people coming and going.

“I do have some associations that have decorating resolutions setting forth what’s allowed and what’s not allowed,” says Scott B. Piekarsky, a managing member of the law firm of Pierkarsky & Associates, LLC in Wyckoff, New Jersey. “It mainly deals with time frames: that the decorations don’t go up too early, and that they are not taken down too late. You can’t tell people how to celebrate, but they also can’t have Christmas lights up during the summer -- it just doesn’t look right. They also shouldn’t have 500-pound pumpkins on their front steps, but some people will test you. I drafted some resolutions at communities 10 to 15 years ago when they were new communities, and we never had to revisit them in subsequent years. People get it -- they understand what’s reasonable, and they follow it.”

Religious Issues

Though 'the holidays' typically evoke images of Christmas trees and holly wreaths, in today’s multicultural associations it’s highly probable that residents celebrate Hanukkah, Kwanzaa, or choose not to observe at all. There have even been legal battles regarding religious items.

In 2001, the community association at the 378-unit Shoreline Towers in Edgewater, a neighborhood in Chicago, attracted controversy when it adopted a rule banning “mats, boots, shoes, carts or objects of any sort outside unit entrance doors,"  and the board decided that the rule would be enforced strictly and absolutely. As a result, mezuzot (small ritual items containing verses of scripture written on parchment and affixed to the doorposts of Jewish homes) were removed from residents’ doors. Numerous complaints ensued alleging discrimination on the basis of religion.

As a result of the controversy, Chicago’s Municipal Code was amended in 2005 to make it illegal to prohibit a renter or owner of an apartment, house or community association from placing or affixing a religious sign, symbol or relic on the door, door post or entrance.

“Today most buildings try to keep it, let’s just say less religious and more spirited,” says Joseph J. Balzamo, president of Alliance Association management in Morristown, New Jersey. “You don’t want something that clearly denotes Hanukkah and only Hanukkah, or Christmas and only Christmas, or some other religious holiday. Most buildings that I manage tend to keep things more neutral. For example, if they are going to decorate around a sign, they will just use poinsettias or white lights.”

Experts note that because we live in a multi-faith society, it's just simple courtesy and good neighborliness to be as inclusive as possible. “We try to steer clear and try not to deal with [religion] in content or scope,” says Piekarsky. “You have people celebrating Christmas, Hanukkah and Kwanzaa during the same period. Some people like religious statuary and some don’t. Some people like menorahs, some don’t. As long as it’s reasonable in scope, it’s not a problem. Most people are pretty reasonable. This year you have Thanksgiving and Hanukkah on the same day. Hopefully, everyone will be well-behaved.”

Making Peace

If an association is constantly dealing with problems related to seasonal décor, implementing a total ban might be seen as tempting, but many courts might consider that unreasonable. Most residents enjoy holiday displays, and prohibiting them outright could be construed as an infringement on freedom of speech and religion.

“In my opinion the best way to avoid battles over decorations is to have a set policy in place,” says Balzamo. “People are allowed to worship in any way they want. I try to stick with having a policy that the board adheres to the situation. I think for the most part homeowners and boards alike need to be mindful that keeping the lights on all year long is not really healthy for the property. I think it’s important for boards to establish a policy and make sure that all homeowners are aware or it so it cuts down on confusion.”

Cutolo agrees with Balzamo that there should be a concrete policy in place to avoid bad feeling and unnecessary legal entanglements. “It’s important to have a formal policy, and it should be written up in a resolution and filed with the county clerk,” he says. “It will put everybody on notice so they’ll know what the guidelines are, what type of decorations they can place, and any time limitations as well.”

And, Piekarsky adds, residents need to know “Which areas they are permitted to decorate in and which areas they aren’t. We don’t want people fooling around with roof areas that have warranties, for example. There’s really no need for stuff to be on the roof, and it’s dangerous for residents to be up there. But by publishing it, getting it out, adopting it in a form of resolution and even including the community in the discussion when you adopt the resolution is a good idea. That’s the best way to handle it. I haven’t had a problem or an issue come up in many, many years.”

Harmonious Holidays

Decorating a community for the holidays can be tricky, especially with differences in culture and expectations, but the general consensus is that tasteful, seasonal decorations have a way of spreading good cheer during the holiday season. And while some boards experience residents going a little overboard with lights and trimmings, in general, seasonal enhancements aren’t too painful and have some great benefits for the community as a whole, such as fostering camaraderie among the residents and promoting a festive, holiday spirit within the community.

Christy Smith-Sloman is a staff writer at The New Jersey Cooperator. Freelance writer Maggie Puniewska contributed to this article.