GregJ3 (West Virginia)
Posts:2
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02/12/2018 12:59 PM |
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Hello and please excuse if this has been posted before, I couldn't locate an answer. We are currently looking at our rules for out HOA and am trying to define Holiday Decorations. As opposed to seasonal decorations.. Example.. One house has two small trees next to the door, and during Christmas the lights where white and there was a wreath on the door Now the same trees have pink light and a Heart on the door. confusion abounds.. as the tree was Christmas .. but the lights are not... Next example - Somebody puts up a "fall" wreath during Thanksgiving.. is that season or holiday any help or suggestions would be appreciated |
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KerryL1 (California)
Posts:6151
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02/12/2018 1:14 PM |
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Let's start, maybe, with what your covenants (CC&Rs, declaration) or Rules & Regs say about this. |
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GregJ3 (West Virginia)
Posts:2
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02/12/2018 1:34 PM |
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Thanks for the reply: here is the wording All holiday decorations must be removed by the 7th day after the holiday, with the exception of Christmas, in which all holiday decorations must be removed by the 7th day after January 1st. |
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TimB4 (Virginia)
Posts:16159
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02/12/2018 1:57 PM |
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Part of the problem I see is that what you cited doesn't say when the decorations can go up. They only specify when they must be taken down. Therefore, in the case of Christmas decorations, if I take them down on January 8th, there is nothing preventing me from putting them up on January 9th. I would suggest the Board passing a resolution clarifying this issue specifying how long before a holiday exterior decorations may be put up. |
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GenoS (Florida)
Posts:2662
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02/12/2018 2:10 PM |
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You may have to be specific about the holidays. Also, the lanuage you posted does not refer to "seasons" or "seasonal". If Valentine's Day isn't on your list of holidays then the pink lights on the trees wouldn't be allowed. |
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TimM11
Posts:226
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02/12/2018 2:16 PM |
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I agree that you need to define what specifically counts as "holiday decorations". Halloween's a holiday; lots of people put up Halloween decorations -- that's just one example. |
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TimB4 (Virginia)
Posts:16159
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02/12/2018 2:18 PM |
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I would recommend being real careful defining specific holidays. There are the Federally recognized holidays, religious holidays and commercial holidays (like valentines day). I wouldn't want to unintentionally open the door to legal action for banning decorations for a religious holiday I knew nothing about when I drafted or approved a resolution on decorations. |
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KerryL1 (California)
Posts:6151
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02/12/2018 2:21 PM |
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With Tim, I think your rule needs to be more clearly worded with a range, say: decorated 7 days before and removed 7 days after the holiday (except, Xmas, etc.). You might even want to name acceptable holidays if this is an issue in your HOA, e.g., permitted holidays are: Valentines Day, Easter, Halloween, Thanksgiving, Christmas. (we know you must permit US flags on our "patriotic" holidays or any other time) But I get your "seasonal" question too. In various parts of the USA where I've lived, "Autumn" wreaths are popular. So now, it seems to me, it depends on what's typical in neighborhoods where you are. If your board wants to include them, which could be for a couple of months, you might say something about maintaining their appearance. |
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GenoS (Florida)
Posts:2662
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02/12/2018 2:51 PM |
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Don't forget Superbowl Sunday, Mothers Day, First Day of Spring, Fathers Day, Arbor Day... the list goes on and on. The issue is one that could and should be governed by common sense. Unfortunately that's often in short supply. |
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KerryL1 (California)
Posts:6151
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02/12/2018 3:08 PM |
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In our high rise HOA, we may only decorate our balconies with "Winter Holiday" lights, etc. The period is from Thanksgiving to Jan. 10. This gives residents the options to decorate for Xmas, Hanukkah, Kawanzaa, the Winter Solstice, etc. |
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KerryL1 (California)
Posts:6151
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02/12/2018 3:09 PM |
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In our high rise HOA, we may only decorate our balconies with "Winter Holiday" lights, etc. The period is from Thanksgiving to Jan. 10. This gives residents the options to decorate for Xmas, Hanukkah, Kawanzaa, the Winter Solstice, etc. |
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MelissaP1 (Alabama)
Posts:7872
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02/12/2018 3:11 PM |
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There is also pink lights bringing awareness to breast cancer. Believe February may be Breast Cancer awareness month. Plus Heart condition awareness is big. The person putting the lights up may be a cancer survivor or supporting that cause. So may want to find out if the Pink lights are holiday or awareness. |
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Former HOA President |
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BenA2 (Texas)
Posts:531
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02/12/2018 8:35 PM |
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If your CC&Rs do not restrict decorations other than holiday decorations then you would have to allow anything that is not obviously holiday decorations. If you are not sure what kind of decoration it is, I don't think you could argue that it is a violation. I think that the benefit of any doubt should go to the member. |
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JohnC46 (South Carolina)
Posts:8056
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02/13/2018 7:52 AM |
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We have discussed the holiday light issue several time and we have decided that unless a formal complaint(s) is received, we will continue to keep our head in the sand.....LOL |
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SS11 (Arizona)
Posts:7
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02/14/2018 4:16 PM |
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Jan 7th is also Christmas Day It is Orthodox Christmas. How can they then say they must be removed by Jan 7th. Shouldn't 7 days after this date be the date they should be down. My HOA says 7 days after a holiday so I have mine up until the 14th. My R&R's do have a date stated that they can be put up. |
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