The holidays are here; from Christmas to Hanukkah, Kwanzaa and more, there’s so much to celebrate this time of year.

And if your celebration looks different from others, you still have the right to deck the halls with decor that embodies the special holiday.

However, some Homeowners Association rules may restrict what decorations or how many decorations you can display in yards or on houses. But, they can’t tell you to take down your menorah, cross or nativity scene, right? Or can they? Well, here’s what to know about that.

 

Can an HOA legally restrict religious holiday decorations? 

The Fair Housing Act (FHA) protects homeowners from being discriminated against because of their:

  • Race

  • Color

  • National origin

  • Sex

  • Religion

  • Familial status

  • Disability

So, HOAs cannot limit your access to a home because of one of the above factors. HOAs are also not allowed to prioritize one religion over the other and thus, restrict one religion’s decorations and not another.

“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.”

Although there is no specific Georgia law regarding HOA rules on this matter, there was in Texas. In Texas, HOAs could restrict the display, size and placement of religious items, but the law has since been amended.

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; and
  • Manner – the size, scale and magnitude of the proposed decorations.

What other questions do you have? Email me at cmadden@mcclatchy.com.

This story comes to GPB through a reporting partnership with Macon Telegraph.

Tags: Georgia  homeownership  Christmas Decorations  holidays