HOA Owners-Consider these things before you put up holiday lights this year
The Tyler Allen Law Firm wishes each of you a very Happy Holidays this year. The weather is starting to cool down here and the valley. For many families, this is the perfect time to start putting up holiday decorations inside and outside their home. But if you live in a homeowner’s association or condominium association, there are some basic things to check before you set up your holiday decorations.
Check your CC&Rs. Your CCRs or Covenants, Conditions, and Restrictions (sometimes also referred to as a Horizontal Property Regime) may have a specific section or multiple sections that apply to lights, sounds, or holiday décor. These sections may specify how long the decorations can be up for, when they can be turned on, or how loud they can be.
Check your community rules. Oftentimes, the CC&Rs give authority to the HOA to create additional rules for the community. Just like CC&Rs, these rules can also dictate how and when you can decorate your home but are usually subject to the CC&Rs. If there’s a conflict between the two documents, we recommend seeking clarification before proceeding.
Check your property boundaries. Sometimes in condos, townhomes, or even single-family homes, you may not exclusively own all the parts of the living unit. In some developments, roofs, balconies, patios, garages, fences, or other elements could be owned by the Association or jointly owned by all members of the Association. Sometimes these elements are called limited common elements, meaning they are devoted to your exclusive use even though they are owned by all members of the Association. Even if the element is part of your unit, there could be restrictions on decorating, altering the appearance, or making any changes to that element and this can include putting up holiday decoractions. Also consider restrictions that could impact the structure of the unit or development or other permanent changes to support structures when putting up holiday decorations.