Enforcing the Decorating Rules This Holiday Season

Rules and Regulations

As the holiday season begins, festive decorations start appearing everywhere we turn. But what happens when those holiday decorations violate homeowner association rules? Homeowners and board members alike face certain challenges when violations occur. Let’s face it, nobody wants to look like a Scrooge, but it’s also important to ensure that rules are enforced.

Debra Warren, vice president of client relations at Associa, says the most effective way to enforce rules is to assure everyone understands them before the holiday season.
For example, that Santa or menorah might not be welcomed in the front yard, and many associations have limitations such as when decorations can be put up, when they must be taken down, sound restrictions and guidelines for the amount of lights used – as well as what time they should be turned off at night.
“Begin a communications campaign well in advance of the holiday season so that approved decorations are planned and purchased,” Warren says.
According to James McCormick, Jr., a managing partner at Peters & Freeman, L.L.P. in Encinitas, Calif., learning the proper way to approach someone who is in violation is important to ensure that your holidays stay friendly.
“The important thing is to focus on the positive for the entire community,” he says. “They have to know that it’s nothing personal.”
Tips for the homeowner
If a neighbor is in violation, homeowners have a couple of different ways to manage the problem, McCormick says.
“If it’s a situation where you’re friendly with them, you can approach them casually and let them know that you don’t have a problem with it, but that they might get a letter for the board,” he says. “That way, you’re doing them a favor and may be keeping them from getting a notice from the association.”
In cases where tensions exist between neighbors, McCormick recommends submitting a notice of violation to the board and requesting to remain anonymous. The board will need to verify the allegation, he says, so there is no reason for the complaint to be attached to another homeowner. However, the reporting party should make it clear that they do not want to be mentioned, “just in case,” he suggests.
“Typically, the form letter the board sends out is going to say that this violation was found while they were doing a walk-through,” McCormick says. “The person in violation never even needs to know that it was turned in by a neighbor.”
Tips for the board
While it’s never enjoyable for board members to let someone know they are in violation, there is a way to keep it positive, McCormick says.
“Let them know that this is to maintain consistency within the community, and that while you recognize their personal choices, everyone has to comply with the rules for the betterment of the community as a whole. And, in order for that to happen, everyone needs to be in compliance.”
Even if the homeowner was turned in by a neighbor for violating the decorating code, let the burden of enforcing the rule fall on the board, not on the reporting neighbor.
“Again, the board member can just say it was noticed during a walk-through,” McCormick says. “The idea is to make it as minor a situation as possible.”
And, in doing so, you’re more likely to ensure that everyone’s holidays remain happy and bright.
This article was provided by Associa Living.