Articles

Client Alert: Holiday Decorations in Community Associations

Date: October 31, 2025
The holiday season is here! And with that comes seasonal decorations, which may include bright lights, festive lawns, balcony and door displays, and other installations. Associations considering adopting and enforcing rules and regulations regarding the size, color, and timing of exterior decorations must ensure that such rules are legally valid under the association’s governing documents and applicable state and federal law. This Client Alert highlights legal considerations and recommended best practices for associations that choose to impose such restrictions.

First, Review the Association’s Governing Documents:

The authority to adopt and enforce rules restricting exterior seasonal decorations must be supported by the association’s governing documents (e.g., Covenants, Conditions and Restrictions (“CC&Rs”), Declaration, Bylaws). Establishing clear, reasonable and consistent rules that align with the governing documents is key in all jurisdictions, especially Virginia, where the courts have drawn strict boundaries around an association’s authority to limit exterior seasonal decorations when such authority is not explicitly provided for in the governing documents. See Sainani v. Belmont Glen Homeowners Association, Inc., 297 Va. 714 (2019). Essentially, if the language to restrict seasonal exterior decorations is not expressly set forth in the governing documents, then it is not a restriction or rule that the Association has the authority to enforce.

Example Regulations:

Your association should consider the most common issues seasonal decorations present and how best to respond:
  1. Size, Timing and Nuisance Concerns
Many associations have legitimate concerns regarding the timing and extent of seasonal decorations. Questions often arise, such as: When may decorations be displayed, and by what date must the decorations be removed? Associations also frequently address issues relating to size, placement and potential nuisance effects. It is important to remember that even if your association’s governing documents do not expressly provide the authority for the association to regulate seasonal decorations, concerns involving the size or placement of a seasonal display (for example, if it extends beyond an owner’s property line), or its impact on neighbors through noise or bright lights, generally fall within the association’s existing authority to regulate standards within the community.

Such issues are not unique to the holiday season, but are a part of the day-to-day life in the community and the association’s responsibility to address nuisance and property rights concerns year-round. Just as an association may act when fences encroach on the common area or when a resident revs their sports car engine repeatedly at 3:00 am, the association may also enforce its existing authority pursuant to its governing documents to address holiday decorations that are disruptive. Consult your counsel at Whiteford for guidance on how best to address each unique situation.
  1. Religious and Other Rights-Based Expression
For many members of your association, the holiday season and the decorations an owner chooses to display may be closely tied to a religious practice or other rights-based expression. If your association has the authority to enforce seasonal decoration restrictions, the association should ensure, through consulting with its legal counsel at Whiteford, whether such restrictions conflict with constitutional or statutory protections. Even a blanket ban on decorations could raise concerns.
  1. Safety Concerns
Safety should always be top of mind. Even if your association does not wish to impose restrictions on holiday decorations or such authority is not present within the governing documents, homeowners should be made aware of the hazards holiday decorations can cause and how best to prevent accidents from happening. Consult with your counsel at Whiteford on how to place your homeowners on notice of the following common issues to help all residents within the community enjoy a safe holiday season:
  1. Fire Prevention: No open flames should be present. Remind residents that lights and other electronic displays should not be left turned on and unattended.
  2. Outdoor Use: Ensure the decorations used are specifically for outdoor use.
  3. Electrical Issues: Prohibit the use of extension cords and power strips. All lighting and electric power displays should be plugged directly into the homeowner’s outlet.
  4. Falls from Ladders: Encourage residents to exercise extra caution when installing decorations up high, like on the roof or trees, and to never install such decorations without a spotter.
  5. Unobstructed Pathways: The entry and exit points for each lot and unit should not be obstructed by decorations or cords. Each homeowner must maintain a clear pathway for residents and emergency personnel to enter and exit the residence safely.
Key Takeaways:
  1. Consult With Your Counsel: Prior to adopting any restriction on seasonal decorations, consult with your counsel at Whiteford. Your counsel can assist with reviewing the Declaration/CC&Rs and determining whether the authority to regulate seasonal exterior decorations is explicitly granted. Failure to closely review the Association’s governing documents for the express authority to implement such restrictions could result in the rule being unenforceable or exposing the association to liability.
  2. Restrictions Must Be Clearly Written: Restrictions must be clearly written and distributed to residents. After consulting with counsel, if the association is authorized to impose such restrictions, the rules should clearly lay out the types of permitted and prohibited decorations, lighting hours, safety requirements, outline the approval process, and state by what date decorations must be removed.
  3. Enforce The Restrictions Uniformly: All rules and regulations must be enforced uniformly. Any deviation from a strictly uniform enforcement of the rules and regulations may result in discrimination-based claims against the association.
  4. Safety Comes First: Associations are encouraged to draft and distribute safety notices to all residents to help everyone enjoy a happy, festive, and safe holiday season.
 
For more information and for assistance with reviewing your association’s governing documents, please contact your counsel at Whiteford.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.