The yuletide season is upon us once again. As many of us gear up to celebrate our favorite time of the year, some homeowners may find that they have questions regarding the dos and don’ts for holiday light placement. The reality is that every HOA has different regulations and rules that apply, and sometimes these rules may determine what homeowners can or cannot do with their holiday light decorations.
Many of us have enjoyed those serene, scenic drives through neighborhoods that feature amply decorated homes celebrating the holidays. But not all of these locations you’ve visited in the past may have had to adhere to Arizona HOA holiday lights restrictions. If you happen to live in a region that’s managed by an HOA, here is some information that can help you determine what your best course of action is.
Can Your HOA Regulate Holiday Lights?
The simple answer is: Yes. Even though homeowner’s have certain sets of rights with an HOA, the reality is that the HOA also has the Codes, Covenants and Restrictions (CC&Rs) that you, the homeowner, agreed to by either purchasing the property or leasing it in this area. These Covenants can regulate everything from exterior property maintenance and upkeep to holiday decorations, lighting times, inflatable decorations and so forth.
Understanding your rights as they pertain to your HOA’s rules and the holiday decorations you want to showcase is important. Violating HOA rules can result in consequences such as imposed fines, simple warnings or even the suspension of your rights as a member. Therefore, it makes sense to ensure you’re practical and informed in any decision you make.
How to Know Your HOA’s Rules
The first place you’ll want to start is by looking up the CC&Rs from your HOA. These documents go with your home loan documents, and most HOAs have these posted online on their website. The simplest method is to look at a recent bill from your HOA, visit their website and find the CC&Rs. Alternatively, you can always call or email them with your question or request to review these documents to make sure that you’re in compliance.
Appealing for Changes
If you feel that the HOA’s holiday lighting rules are restrictive, you can appeal for a change. A good first step is to speak with your neighbors and consider approaching the board to submit a petition to change the rules. If you can, gaining the support of your neighbors can help you substantiate your cause.
Keep in mind that you’ve already signed off and agreed upon the CC&Rs when you purchased or leased your home, and the HOA isn’t obligated to amend them. If you do put in the effort, however, it is possible to have the HOA board review and amend the rules for holiday decorations. But it’s certainly not guaranteed.
Find An Experienced Phoenix Real Estate Attorney
The attorneys at MacQueen & Gottlieb have significant experience with real estate and HOA law in Arizona. Our attorneys can assist you with any issues and help you understand your rights. If you live in an HOA community and are experiencing disputes over holiday decorations, our attorneys can assist you in pursuing that case. Contact us today at 602-726-2229 to schedule an initial consultation or make an appointment online.