Is it legal for an HOA in Ohio to restrict outdoor Christmas decorations? Here’s what the law says
The holiday season is here and while some are busy decking the halls indoors, many homeowners love to have outdoor light shows, Christmas inflatables and oversized ornaments.
However, if your neighborhood has an HOA, you may not get to display everything you want. But is it legal for an HOA to restrict holiday decorations? Here’s what to know:
Is it legal for an HOA to put restrictions on holiday decorations in Ohio?
There technically aren’t any laws in Ohio about HOA restrictions, so if you live in a neighborhood with a Homeowner’s Association (HOA) agreement, it is legal for the HOA to have rules in place for outdoor holiday decorations.
“Whether homeowners associations (HOAs) should regulate holiday decorations is a topic of debate that often balances community aesthetics with individual expression,” according to the RealManage blog. “Ultimately, the board is responsible for finding the right balance between regulation and personal freedom is key to ensuring that holiday decorations contribute positively to the community without infringing on individual rights or compromising safety and aesthetics.”
Specifically, here’s what HOAs can do:
HOAs can do the following with regard to aspects of holiday displays, including but not limited to:
Time – how long before and how long after a holiday decorations may be displayed
Place – where on a resident’s property the decorations may be displayed
Manner – the size, scale and magnitude of the proposed decorations
Here’s what they can’t do:
“An association must not discriminate against certain religious groups and apply rules equally to all owners,” said a representative with the HOA Management. “Facially neutral rules are acceptable so long as there is no intent to discriminate and no disparate effect.”
So, if you have religious decorations this holiday season, an HOA can’t dictate which ones you put out. Here are some other things that are protected:
The Fair Housing Act (FHA) protects homeowners from being discriminated against because of their:
- Race
- Color
- National origin
- Sex
- Religion
- Familial status
- Disability
Do you have any other questions? Let me know in the comments or email me at cmadden@mcclatchy.com
