Holiday Displays: Some people love Christmas. Some hate it. Some Boards encourage holiday spirit by holding neighborhood contests for the best displays. Others discourage it by putting the nix on all displays. If Boards would just stop with the jerk "bah humbug" reaction and think about it, there must be a feasible proposal for displays in any type of HOA that is fair to all residents. People need a reservoir of joy. There is not enough of that going around. I know it's not easy. Christmas itself has become complicated, hasn't it? What is politically correct and what is not? At my grandchildren's school, they don't call it Christmas anymore - everything is "holiday". It's darn hard to remember not to say the "C word" when you grew up on it and still want to believe. So, if you allow displays, the requests might range from the expected to the unexpected. If you have a question about whether a religious display is offensive, consider the complaint, and if you need help researching anything, go to the source, the church, the faith, the rabbi, the priest, the Internet, the library, etc. Use common sense. Don't discriminate just because you don't like someone.

Signs, Flags and Banners... and the Like. California Law says (Civil Code Section 1353.6) that "governing documents, including the operating rules, may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in an owner's separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law."

The law goes on to say that ...a noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces."

Okay, the statute says signs, flags and banners may not be made of lights or other things that are tacky or may cause damage to the buildings. But consider the effect if the Board specifies something like this: "Non-twinkle lights may be strung on the balconies so long as they are not nailed, stapled, or glued to the building surface in any manner, and so long as they are not left on past 10 pm. All lighting must be supported by proper outdoor and GFI protected cords." Well, you can tell I am not an electrician, but I think you get the idea. If people can have lights, they may feel better! I would! Those who are driven mad by the twinkle lights can be saved. The buildings are not in jeopardy. Safety measures are taken. No one has to try and sleep with light pollution going on outside. A lot more could be said in the "can haves" if one were to ponder what all might be acceptable during a specific period during the holidays. There is more relief in the statute which says: "An association may prohibit noncommercial signs and posters that are more than 9 square feet in size and noncommercial flags or banners that are more than 15 square feet in size." So how about a heart during the "holidays". How about allowing those who want to celebrate do it up right! The sooner you provide some positive feedback to the members, the sooner you will deter the undesirable or overboard conduct. Yes, I know, there is a requirement of circulation of rules before adoption (30 days) that puts you into January. But maybe there is no pre-adoption circulation for making suggestions, and if you want to put it into rules, get the jump on next year.

What can residents do and what are they prohibited from doing? That is the first question people commonly want to know. If the answer is nothing (what they can do), and everything, (what they cannot) then I urge you to try again. All I am saying is "Don't be a scrooge"...(maybe that is politically incorrect too). If you give residents some reasonable parameters, they will likely honor the limits. There may be those wishing to "make a point", but the more reasonable a board is in allowing those who wish to join in the holiday spirit, the less credibility those who unreasonably push the envelope will have. They may even stand out like a sore thumb and have a hard time convincing the news reporters that they are subject to bullying and too-stringent rules. It could apply equally to satellite dishes; common signs, flags and banners issues; installation of gates, yard and garden displays, etc. etc. - the list just goes on and on. Give people a chance to satisfy their needs in a manner that is not offensive or destructive, and most will follow without complaint. Happy Holidays everyone! (I am a believer that this is the best time of year.)

Copyright © 2007 Beth A. Grimm, All Rights Reserved