Lighting Up with Emotion – Can HOAs restrict Holiday Light décor during a pandemic or a non-Holiday time?

Q: Can HOAs restrict Holiday Light décor during a pandemic or a non-Holiday time?  Do HOAs have the “power” to ask people to take it down?  What can I do if I want it up, but my neighbor and HOA doesn’t? 

A: If the past month has taught us anything, it is that things can change – and very quickly. In today’s COVID-19 world, a lot of people are resorting to humor to cope with the precarious times. Others are resorting to other creative measures – numerous people across the United States are hanging up their Christmas lights and playing Christmas music to provide a modicum of cheer and joy amid the coronavirus health crisis.

While this Christmas light movement has gained a foothold in various locations in the country – it is unclear to what extent this movement will continue to grow and at what pace. For the folks utilizing Christmas spirit to get through these difficult times – the question becomes, can the HOA restrict and/or regulate this activity?

As with many HOA issues, the first step is to look to the governing documents: Covenants, Conditions & Restrictions (“CC&Rs”), Bylaws, Rules and Regulations. The governing documents may place limitations on the time of year that outside holiday decorations can be used and/or may regulate the holiday decorations as well. These provisions are generally enforceable in a court of law and must be followed.

If there are no provisions in the CC&Rs, then the homeowner can likely utilize decorations and play music, providing the homeowners’ conduct does not cause any other homeowners to suffer from a private nuisance.

Concerned you are being a Grinch and have questions? MacQueen & Gottlieb, PLC has extensive experience with HOA laws in Arizona. Our highly experienced team of Arizona real estate attorneys is prepared to help you. Contact us today at 602-562-7218 to schedule an initial consultation or make an appointment online. 

Check out this related report on holiday lights during the COVID-19 pandemic we really liked from AZ Family.